1 MJM/EWM:ag A22-01431 (9/29/2022)
01447236.doc
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING AND RESTATING
TITLE 18 IN ITS ENTIRETY, AND ADOPTING LOCAL
AMENDMENTS TO THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODES AND THE
1997 EDITION OF THE UNIFORM HOUSING CODE, ALL OF
WHICH ARE KNOWN AS THE LONG BEACH BUILDING
STANDARDS CODE
The City Council of the City of Long Beach ordains as follows:
Section 1. Title 18 of the Long Beach Municipal Code is hereby amended in its entirety and restated as shown on Exhibit “A”, which is attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor, but in no event prior to January 1, 2023.
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ORD-22-0033
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1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of November 15 2022 by the 3 following vote:
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28 ·Ayes: Councilmembers: Zendejas, Allen, Price, Supernaw, Mungo, Saro, Austin, Richardson.
Noes: Councilmembers: None. ------------------
Absent: Councilmembers: Uranga.
Approved: ~(/ +-/_·2-_. --1i /~· _2-_-z:__ __ · _
T (Date)
MJM/EVVM:ag A22-01431 (9/29/2022)
01447236.doc
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City Clerk
Mayor
2 AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 15th day of November 2022, I posted three true and correct copies of Ordinance No. ORD-22-0033 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 15th day of November 2022.
AMENDING AND RESTATING
THE LONG BEACH BUILDING
STANDARDS CODE
THE 2023 PROPOSED CODE AMENDMENTS TO
TITLE 18 OF THE LONG BEACH MUNICIPAL CODE
(RESTATED IN ITS ENTIRETY VERSION)
PREPARED BY
EXHIBIT A
CITY OF
LONG BEACH
LONG BEACH
DEVELOPMENT
SERVICES
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – TABLE OF CONTENT
Department of Development Services: Building and Safety Bureau Page 2 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
TABLE OF CONTENT
Chapter 18.01 GENERAL PROVISIONS
Chapter 18.02 DEFINITIONS
Chapter 18.03 ADMINISTRATION AND ENFORCEMENT
Chapter 18.04 PERMITS
Chapter 18.05 SUBMITTAL DOCUMENTS
Chapter 18.06 FEES
Chapter 18.07 INSPECTIONS
Chapter 18.08 CERTIFICATE OF OCCUPANCY
Chapter 18.09 VIOLATIONS
Chapter 18.10 BOARD OF APPEALS
Chapter 18.11 BUILDING ADDRESS AND NUMBER
Chapter 18.15 POLICE FACILITIES IMPACT FEE
Chapter 18.16 FIRE FACILITIES IMPACT FEE
Chapter 18.17 TRANSPORTATION IMPROVEMENT FEE
Chapter 18.18 PARK AND RECREATION FACILITIES FEE
Chapter 18.20 UNSAFE BUILDINGS OR STRUCTURES
Chapter 18.21 MAINTENANCE OF LONG-TERM BOARDED AND VACATED BUILDINGS Chapter 18.24 FORECLOSURE REGISTRY PROGRAM
Chapter 18.25 TENANT RELOCATION AND CODE ENFORCEMENT
Chapter 18.29 MAINTENANCE OF VACANT LOTS
Chapter 18.30 PROACTIVE RENTAL HOUSING INSPECTION PROGRAM Chapter 18.40 BUILDING CODE
Chapter 18.41 RESIDENTIAL CODE
Chapter 18.42 ELECTRICAL CODE
Chapter 18.43 PLUMBING CODE
Chapter 18.44 MECHANICAL CODE
Chapter 18.45 HOUSING CODE
Chapter 18.46 ENERGY CODE
Chapter 18.47 GREEN BUILDING STANDARDS CODE
Chapter 18.48 FIRE CODE
Chapter 18.49 EXISTING BUILDING CODE
Chapter 18.50 HISTORICAL BUILDING CODE
Chapter 18.60 MOVING BUILDINGS
Chapter 18.62 REPORT ON AVAILABLE OFF-STREET PARKING SPACES UPON RESALE Chapter 18.63 ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS Chapter 18.64 SANDBLASTING
Chapter 18.65 DEMOLITION OF HISTORIC LANDMARKS
Chapter 18.67 CONSTRUCTION AND DEMOLITION RECYCLING PROGRAM Chapter 18.68 EARTHQUAKE HAZARD REGULATIONS
Chapter 18.69 VOLUNTARY EARTHQUAKE HAZARD REDUCTION IN EXISTING WOOD FRAME
RESIDENTIAL BUILDINGS WITH WEAK CRIPPLE WALLS AND UNBOLTED SILL PLATES
Chapter 18.70 VOLUNTARY EARTHQUAKE HAZARD REDUCTION IN EXISTING WO OD FRAME
RESIDENTIAL BUILDINGS WITH SOFT, WEAK OR OPEN FRONT WALLS Chapter 18.71 VOLUNTARY EARTHQUAKE HAZARD REDUCTION IN EXISTING REINFORCED
CONCRETE BUILDINGS AND CONCRETE FRAME BUILDINGS WITH MASONRY
INFILLS
Chapter 18.72 VOLUNTARY EARTHQUAKE HAZARD RED UCTION IN EXISTING REINFORCED
CONCRETE AND REINFORCED MASONRY WALL BUILDINGS WITH FLEXIBLE
DIAPHRAGMS
Chapter 18.74 LOW IMPACT DEVELOPMENT STANDARDS
Chapter 18.75 GRADING, EXCAVATIONS AND FILLS
Chapter 18.76 STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHI CLE CHARGING
STATIONS
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – TABLE OF CONTENT
Department of Development Services: Building and Safety Bureau Page 3 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
Chapter 18.77 STREAMLINED PERMITTING PROCESS FOR SOLAR ENERGY SYSTEMS AND
ENERGY STORAGE SYSTEMS
Chapter 18.78 CONSTRUCTION IN THE VICINITY OF ABANDONED OIL WELLS Chapter 18.79 METHANE GAS MITIGATION
Chapter 18.99 FINDINGS
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 4 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
CHAPTER 18.01 GENERAL PROVISIONS
18.01.010 – Title.
18.01.020 – Purpose.
18.01.030 – Scope.
18.01.040 – Work not in scope.
18.01.050 – Referenced codes.
18.01.060 – Applicability.
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 5 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
CHAPTER 18.01
GENERAL PROVISIONS
18.01.010 – Title.
These regulations shall be known as the "Long Beach Building Standards Code," a portion of the "Long Beach Municipal Code," hereinafter referred to as “this title.” This title adopts by reference portions of the California Building Standards Code as required by Section 17958 of the California Health and Safety Code.
18.01.020 – Purpose.
The purpose of this title is to:
1. Establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, accessibility, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.
2. Provide minimum provisions considered necessary for safety, efficiency, adequacy and the practical safeguarding of persons and of buildings, structures and their contents from hazards arising from the use of electricity for light, heat, power, radio signaling and for other purposes, as well as some provisions for future expansion of electrical use.
3. Provide minimum requirements and standards for the protection of the public health, safety and welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of plumbing fi xture and fixture fittings, water heaters, water supply and distribution system, sanitary drainage, indirect wastes, vents, traps and interceptors, storm drainage, fuel piping, and gray water systems.
4. Provide minimum standards to safeguard life or limb, h ealth, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances.
5. Improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact and encouraging sus tainable construction practices in planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality.
6. Ensure public health, safety and welfare insofar as they are affected b y the continued occupancy and maintenance of structures and premises.
7. Establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.
18.01.030 – Scope.
The provisions of this title shall apply to:
1. The site preparation and the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or appurtenances connected or attached to such buildings and structures THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 6 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
within the City, except work located primarily in a public way , as regulated by Title 14, other than pedestrian protection structures required by Section 3306 of the California Building Code adopted in Chapter 18.40, public utility, towers and poles, mechanical equipment not specifically regulated in this title, and hydraulic flood control structures.
2. All electrical systems or equipment installed, used, mai ntained, rented, leased, or offered for sale or distributed for use in the City, except those electrical systems and equipment exempted from the provisions of this title.
3. The erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of plumbing within the City, except those plumbing and plumbing installations exempted from the provisions of this title.
4. The addition to or erection, installation, alteration, repair, relocation, replacement, use, or maintenance of any heating, ventilating, cooling, refrigeration systems; incinerators; or other miscellaneous heat -producing appliances within the City, except those mechanical systems and equipment exempted from the provisions of this title.
18.01.040 – Work not in scope.
The provisions of this title shall not apply to any of the following:
1. Swings and other playground equipment accessory to detached one- and two-family dwellings.
2. Towers or poles supporting public utility communication lines, antennas, or power transmission lines.
3. Gantry cranes, drill presses, and other similar manufactured machinery or equipment.
4. Water tanks supported on a foundation at grade if the capacity does not exceed five thousand (5,000) gallons (18,927 L) and the ratio of the height to diameter or width does not exceed two to one (2:1).
5. Temporary motion picture, television and theater stage sets and scenery that are not supported by any building.
6. Work in a public way, dams and drainage structures constructed by or under contr act with the Department of Public Works, the Department of Water and the County Flood Control District, unless the structure forms a portion of the support for a building or a structure coming within the jurisdiction of the Building Official.
7. Portable amusement devices and structures, including merry-go-rounds, ferris wheels, rotating conveyances, slides, similar devices, and portable accessory structures whose use is necessary for the operation of such amusement devices and structures; any portable accessory structure included in the provisions of this chapter shall be limited to a cover or roof over each device, but shall not include any storage building or detached structure which is not an integral part of the device; and provided, however, that any ele ctrical installations shall require subtrade permits where applicable and be regulated by this title; and provided further that any special event activity shall require Fire Department’s approval.
8. Nothing in this title shall apply to any excavation, removal, fill or deposit of any earth or other materials from individual interment sites, underground crypts or burial vaults within a property which is dedicated or used for cemetery purposes, provided that such work does not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property not owned by the cemetery authority.
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 7 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
9. Any portable metal hangar less than two thousand (2,000) square feet in size, located on the City-owned airport property, used for the parking of aircraft only, and bearing evidence of approval by the California Department of Motor Vehicles for movement on any highway. Such structure shall, as an integral part of its basic construction, be equipped with a hitch or coupling device for towing. It shall accommodate, without further major structural change, wheel and axle assemblies which will provide such structure with a safe means of portability. No water or sanitary facilities shall be permitted in such structure and it shall be eq uipped with permanent ventilation as required for group S -2 occupancy; and is not in violation of Title 21 Zoning Regulations.
18.01.050 – Referenced codes.
The codes listed in this section and referenced elsewhere in this title shall be considered part of the requirements of this title to the prescribed extent of each such reference.
A. Building Code. The provisions of the California Building Code adopted in Chapter 18.40 shall apply to the construction, alteration, movement, enlargement, replacement, repa ir, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
B. Residential Code. The provisions of the California Residential Code adopted in Chapter 18.41 shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one - and two-family dwellings and townhouses not more than three (3) stories above grade plane in height with a separate means of egress and their accessory structures not more than three (3) stories above grade plane in height.
C. Electrical Code. The provisions of the California Electrical Code adopted in Chapter 18.42 shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
D. Plumbing Code. The provisions of the California Plumbing Code adopted in Chapter 18.43 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
EXCEPTION: Chapter 18.43 shall not apply to any sewer, potable water, or gas lines or pipes constructed, maintained and regulated by a City department or agency.
E. Mechanical Code. The provisions of the California Mechanical Code adopted in Chapter 18.44 shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
F. Housing Code. The provisions of the Uniform Housing Code adopted in Chapter 18.45 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing buildings or portions thereof used, or designed or intended to be used, for human habitation.
G. Energy Code. The provisions of the California Energy C ode adopted in Chapter 18.46 shall apply to all matters governing the design and construction of buildings for energy efficiency.
H. Green Building Code. The provisions of the California Green Building Standards Code adopted in Chapter 18.47 shall apply to t he planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this title, throughout the City.
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 8 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
I. Fire Code. The provisions of the California Fire Code adopted in Chapter 18.48 establishes regulations affecting or relating to structures, processes, premises and safeguards relating to all of the following:
1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
3. Fire hazards in the structure or on the premises from occupancy or operation.
4. Matters related to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.
5. Conditions affection the safety of fire fighters and emergency responders during emergency operations.
J. Existing Building Code. The provisions of the California Existing Building Code adopted in Chapter
18.49 shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings and structures.
K. Historical Building Code. The provisions of the California Historical Building Code adopted in Chapter 18.50 shall apply in permitting repairs, alterations and additions necessary for the preservation, restoration, reconstruction, rehabilitation, relocation or continued use of a qualified historical building or property when so elected by the private property owner.
18.01.060 – Applicability.
A. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different chapters or sections of this title specify different materials, methods of cons truction or other requirements, the most restrictive shall govern. All the provisions of this title shall be limitations for safeguarding life, limb, health, property and public welfare. If two (2) or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life or limb, health, property or public welfare.
B. Other laws. The provisions of this title shall not be deemed to nullify any provisions of local, State or Federal law.
C. Referenced codes and stand ards. The codes and standards referenced in this title shall be considered part of the requirements of this title to the prescribed extent of each such reference.
Where differences occur between provisions of this title and referenced codes and standards, the provisions of this title shall apply. Wherever in this title reference is made to the appendix of a referenced code or standard, the provisions in the appendix shall not apply unless specifically adopted by this title.
D. Partial invalidity. In the event that any part or provision of this title is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
E. Existing buildings or structures.
1. Legal occupancy. The legal occupancy of any building and structure existing on the date of adoption of this title shall be permitted to continue without change, except as is specifically covered in this title, the codes and standards referenced and adopted in this title , or as is deemed necessary by the Building Official or Fire Code Official for the general safety and welfare of the occupants and the public.
THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 9 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
2. Responsibility for maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards that are required by this title shall be maintained in conformance w ith the code requirements under which it was installed. To determine compliance with this section, the Building Official or Fire Code Official may cause any building or structure to be reinspected.
Every owner remains liable for violations of duties impos ed upon him or her by this title even though an obligation is also imposed on the occupants of his or her building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this title.
Every owner, or his or her agent, in addition to being responsible for maintaining his or her building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he or she occupies or controls in a cl ean, sanitary and safe condition including the shared or public areas in a building containing two (2) or more dwellings.
F. Existing subtrade installation.
1. Existing electrical installation. Nothing contained in this title shall be construed to restrict the use, nor to require any person to reinstall, reconstruct, alter, change or remove any electrical wiring or equipment which complied with the laws and regulations of the City in effect before the effective date of this title unless the same is dangerous, unsafe or a hazard to life or property in the judgment of the Building Official. Additions or alterations to, and alterations and renewals of existing installations shall be made in compliance with the provisions of this title.
EXCEPTION: In locations w here the existing electrical system was of some other type of approved wiring, an existing circuit may be increased to its maximum safe carrying capacity or with the addition of not to exceed five (5) lights, plugs or switch outlets. Not more than ten (10) such outlets may be added to an existing electrical system unless all new wiring is in conformity with the provisions of this title.
2. Existing plumbing installation. Nothing contained in this title, with the exception of the change of building occupancy or use, shall be construed to require any plumbing construction or work, regulated by this title to be altered, changed, reconstructed, removed or demolished if such plumbing work was installed which complied with the laws and regulations of the City in effect before the effective date of this title, unless the same is dangerous, unsafe, unsanitary or a menace to life, health or property, in the judgment of the Building Official.
Plumbing systems that are a part of any building or structure undergoing a change in use or occupancy shall comply with all requirements of this title that may be applicable to the new use or occupancy.
3. Existing mechanical installation. Additions, alterations or repairs may be made to any mechanical system withou t requiring the existing mechanical system to comply with all the requirements of this title, provided the addition, alteration or repair conforms to that required for a new mechanical system. Additions, alterations or repairs shall not cause an existing system to become unsafe or create unhealthy or overloaded conditions in the judgment of the Building Official.
EXCEPTION: Minor additions, alterations and repairs to existing mechanical systems may be installed in accordance with the law in effect at the t ime the original installation was made if such mechanical system may be used safety for such purposes, that there is an urgent necessity for such use, and if approved by the Building Official.
Heating, ventilating, cooling, or refrigeration systems, incinerators or other miscellaneous heat producing appliances lawfully installed prior to the effective date of this title may have their THE 2023 PROPOSED AMENDMENTS TO THE LBMC TITLE 18 – CHAPTER 18.01
Department of Development Services: Building and Safety Bureau Page 10 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design a nd location and is not a hazard to life, health or property in the judgment of the Building Official.
Mechanical systems that are a part of any building or structure undergoing a change in use or occupancy shall comply with all requirements of this title that may be applicable to the new use or occupancy.
All heating, ventilating, cooling, or refrigeration systems, incinerators or other miscellaneous heat-producing appliances, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this title in heating, ventilating, cooling, or refrigeration systems, incinerators or other miscellaneous heat- producing appliances when installed, altered or repaired, shall be maint ained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat -producing appliances.
G. Unsafe buildings or structures. The regulations for the abatement of unsafe buildings and structures are enumerated in Chapter 18.20.
H. Long-term boarded or vacated buildings. The regulations for the maintenance of long-term boarded or vacated buildings are enumerated in Chapter 18.21.
I. Temporary structures and uses. The regulations for temporary structures and uses are enumerated in Subsection 18.04.010.H.
J. Moved buildings or structures. Buildings or structures moved into or within the City shall comply with the provisions of this title for new buildings or structures. The regulations for moving buildings are enumerated in Chapter 18.60.
EXCEPTION: Apartment houses and dwellings shall be allowed the retention of existing materials and methods of construction so long as the apartment ho use or dwelling complies with the rules and regulations of the California Housing and Community Development Commission, complies with the standards for foundations applicable to new construction, and does not become or continue to be a substandard building.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.02
Department of Development Services: Building and Safety Bureau Page 11 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
CHAPTER 18.02 DEFINITIONS
18.02.010 – General.
18.02.020 – Definitions.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.02
Department of Development Services: Building and Safety Bureau Page 12 of 393 Fire Department: Fire Prevention Bureau Final Version: 10-12-2022 Department of Public Works: Stormwater Division
CHAPTER 18.02
DEFINITIONS
18.02.010 – General.
A. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purpose of this title, have meanings shown in this chapter.
B. Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
C. Terms defined in other titles, chapters or codes. Where terms are not defined in this title and are defined in other titles, chapters or codes, such terms shall have the meanings ascribed to them as in those titles, chapters or codes.
D. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Webster's Third New International Dictionary of the English Language, Unabridged shall be considered as providing ordinarily accepted meanings.
18.02.020 – Definitions.
"Building Official" means the Superintendent of Building and Safety for the City of Long Beach Department of Development Services, Building and Safety Bureau, or a duly authorized representative designated by the Director.
"California Building Code" or "CBC" or “Building Code” means the code adopted in Chapter 18.40 of this title.
"California Electrical Code" or "CEC" or “Electrical Code” means the code adopted in Chapter 18.42 of this title.
"California Energy Code" or “Energy Code” means the code adopted in Chapter 18.46 of this title.
“California Existing Building Code” or “CEB C” or “Existing Building Code” means the code adopted in Chapter 18.49 of this title.
"California Fire Code" or “CFC” or “Fire Code” means the code adopted in Chapter 18.48 of this title.
“California Green Building Standards Code” or “CalGreen Code” or “Green Code” means the code adopted in Chapter 18.47 of this title.
“California Historical Building Code” or “CHBC” or “Historical Building Code” means the code adopted in Chapter 18.50 of this title.
"California Mechanical Code" or "CMC" or “Mechanical C ode” means the code adopted in Chapter
18.44 of this title.
"California Plumbing Code" or ”CPC” or “Plumbing Code” means the code adopted in Chapter 18.43 of this title.
"California Residential Code" or "CRC" or “Residential Code” means the code adopted in Chapter 18.41 of this title.
"Certificate of Occupancy" or "Occupancy Certificate" means the certificate issued by the Building Official pursuant to Chapter 18.08 when, after final inspection, it is found that a building or structure THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.02
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complies with all requirements of this title. When used with reference to a building or structure which was constructed and occupied prior to the effective date of any provisions requiring such a certificate, it shall mean the right to occupy such building or structure.
"City" means the City of Long Beach, California.
"Dangerous building" or “dangerous” means any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered or persons in the vicinity thereof:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one -half (1-1/2) times the working stress or stresses allowed in this title for new buildings of similar structure, purpose or location;
3. Whenever any portion thereof has been damaged b y fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of this title for new buildings of similar structure, purpose or location;
4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
5. Whenever any portion of a building, or any member, appurtenance or ornamentatio n on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one -half (1/2) of that specified in this title for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in this title for such buildings;
6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
7. Whenever the building or structure, or any portion thereof, because of: (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the remo val, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse;
8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
9. Whenever the exterior walls or other vertical members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base;
10. Whenever the building or structure, exclusive of the foundation, shows thirty -three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls, or coverings;
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(b) a harbor for vagrants, criminals or immoral persons; or (c) as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
12. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by this title;
13. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty -six percent (66%) of the: (a) strength; (b) fire -resisting qualities or characteristics; or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidations, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
15. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Chief to be a fire hazard;
16. Whenever any building or structure is in such a condition as to constitute a public nuisance under common law or equity jurisprudence; and/or
17. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
"Department" means the City of Long Beach Department of Development Services.
“Director” means the Director of Development Services for the City of Long Beach Department of Development Services or a duly authorized representative.
"Fire C hief" means the Fire Chief of the City of Long Beach Fire Department or a duly authorized representative.
“Fire Code Official” means the Fire Marshal for the City of Long Beach Fire Department or a duly authorized representative designated by the Fire Chief.
"Foundation-only permit" is a building permit issued for that portion of a building which constitutes the footings for the building and which may, subject to the approval of the Building Official, include those portions of the building below the grade level.
"Nuisance" means:
1. Any public nuisance known at common law or in equity jurisprudence or as declared by ordinance;
2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or up on an unoccupied lot; this includes any abandoned structure, basement or excavation; any structurally unsound fence or structure; any lumber, trash, fence, debris or vegetation which may prove a hazard for inquisitive minors; THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.02
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3. Whatever is dangerous to human life or is detrimental to health;
4. Overcrowding a room with occupants;
5. Insufficient ventilation or illumination;
6. Inadequate or unsanitary sewage or plumbing facilities;
7. Uncleanliness, when so determined by the Health Officer;
8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings when so determined by the Health Officer; and/or
9. Dangerous or substandard buildings or conditions as defined in this title.
"Occupancy" means the purpose for which a building, or part of a building, is used or intended to be used. The term "occupancy" as used in this title shall include the room housing that occupancy and the space immediately above a roof or structure if used or intended to be used for other t han a shelter.
“Permittee” means the person, firm or corporation authorized to obtain a permit pursuant to Subsection
18.04.070.A of this title.
"Police Chief" means the Police Chief of the City of Long Beach Police Department or a duly authorized representative.
“State” means the State of California.
"Substandard building" means any building or other structure, or the premises on which the same is located, where any of the following conditions exist to an extent which, in the opinion o f the Building Official or Fire Code Official , endangers the life, limb, health, property, safety or welfare of the occupants thereof, or of the public:
1. Inadequate sanitation. "Inadequate sanitation" shall include, but not be limited to, the following:
a. Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit;
b. Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel;
c. Lack of or improper kitchen sink;
d. Lack of hot and cold running water to plumbing fixtures in a hotel;
e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit;
f. Lack of adequate heating;
g. Lack of, or improper operation of, required ventilating equipment;
h. Lack of minimum amounts of natural light and ventilation required by this title;
i. Room and space dimensions less than required by this title;
j. Lack of required electrical lighting;
k. Dampness of habitable rooms;
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l. Infestation of insects, vermin or rodents as determined by the Health Officer;
m. General dilapidation or improper maintenance;
n. Lack of connection to required sewage disposal system; and/or
o. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.
2. Structural hazards. "Structural hazards" shall include, but not be limited to, the following:
a. Deteriorated or inadequate foundations;
b. Defective or deteriorated flooring or floor supports;
c. Flooring or floor supports of insufficient size to carry imposed loads with safety;
d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;
e. Members of walls, partitions or other vertical supports that are of insuff icient size to carry imposed loads with safety;
f. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;
g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;
h. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; and/or
i. Fireplaces or chimneys which are of insuf ficient size or strength to carry imposed loads with safety.
3. Nuisance. Any "nuisance" as defined in this title.
4. Hazardous wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
5. Hazardous plumbing. All plumbing except that which conformed wi th all applicable laws in effect at the time of installation and which has been maintained in good condition or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and work ing properly and which is free of cross connections and siphonage between fixtures.
6. Hazardous mechanical equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
7. Faulty weather protection, which shall include, but not be limited to, the following:
a. Deteriorated, crumbling or loose plaster;
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b. Deteriorated or ineffective water proofing of exterior walls, roof, foundations or floors, including broken windows or doors;
c. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering; and/or
d. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
8. Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
9. Faulty materials of construction. All materials of construction except those which are specifically allowed or approved by this title, and which have been adequately maintained in good and safe condition.
10. Hazardous or unsanitary premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitu te fire, health or safety hazards.
11. Inadequate maintenance. Any building or portion thereof which is determined to be dangerous as defined in Section 18.02.020.
12. Inadequate exits. All buildings or portions thereof not provided with adequate exit f acilities as required by this title except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.
13. Inadequate fire protection or firefighting equipment. All buildings or portions thereof which are not provided with the f ire-resistive construction or fire extinguishing systems, or equipment required by this title, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
14. Improper occupancy. All buildings or portions thereof occupied for livi ng, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.
15. Inadequate structural resistance to horizontal forces.
“Title” or “this title” means Title 18 of the Long Beach Municipal Code.
"Uniform Housing Code" or "UHC" or “Housing Code” means the code adopted in Chapter 18.45 of this title.
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CHAPTER 18.03 ADMINISTRATION AND ENFORCEMENT
18.03.010 – Department of Development Services.
18.03.020 – Duties and powers of the Building Official.
18.03.030 – Reports, records and fees.
18.03.040 – Liability.
18.03.050 – Modifications.
18.03.060 – Alternate materials, design and methods of construction and equipment.
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CHAPTER 18.03
ADMINISTRATION AND ENFORCEMENT
18.03.010 – Department of Development Services.
A. General. There is established in the City a Department known and designated as the Department of Development Services. In addition to the duties impo sed upon said Department by the City Charter and other ordinances of the City, the Building and Safety Bureau of said Department is designated to enforce all of the provisions of State law applicable to the erection or construction of buildings or structures pursuant to Section 17960 of the California Health and Safety Code, except such provisions relating to maintenance, sanitation, occupancy and use which affect the health and welfare of occupants and which shall be designated by the City Manager as the r esponsibility of the City Health Officer or a duly authorized representative.
B. Appointment. The City Manager shall, upon recommendation of the Director, appoint the Building Official as shall be required and shall be authorized from time to time by ordinan ce.
C. Deputies. The City Manager shall, upon recommendation of the Director, appoint such officers, inspectors, plans examiners and other employees as shall be required and shall be authorized from time to time by ordinance.
D. Certification. All construction inspectors, plans examiners and Building Official as defined in Sections 18949.25 thru 18949.27 of the California Health and Safety Code shall obtain certification when required by Section 18949.28 of the California Health and Safety Code from a recognize d state, national, or international association, as determined by the City. The area of certification shall be closely related to the primary job function, as determined by the City.
18.03.020 – Duties and powers of the Building Official.
A. General. The Bu ilding Official is hereby authorized and directed to enforce the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State and to make all plan examinations and inspections pursuant to the provisions of eac h such regulation. The Building Official shall also perform such other duties relating to the functions of the Department as may be required of him or her by general law, or by ordinance. For such purpose, the Building Official shall have the powers of a police officer. Any order of the City requiring alterations or repairs to any building shall be issued only by authorization of the Building Official. The Building Official shall have the authority to render interpretations of this title and to adopt polici es and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this title. Such policies and procedures shall not have the effect of waiving requi rements specifically provided for in this title, municipal code or other ordinances of the City, or laws and statutes of the State.
B. Applications and permits. The Building Official shall receive applications, examine construction documents and issue permit s for the erection, addition, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this title, municipal code or other ordinances of the Ci ty, or laws and statutes of the State.
For applications for reconstruction, rehabilitation, repair, alteration, addition and other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvements or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this title, municipal code or other ordinances of the City, or laws and statutes of the State, the Building Official shall require the building to meet the requirements of Section 1612 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R322 of the California Residential Code adopted in Chapter 18.41.
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C. Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. Every such notice or order shall be in writing, addressed to the owner, agent or person responsible for the structure or premises in which such violations or unsafe condition exists and shall specify the date or time when such notice or order shall be complied with, which time shall allow a reasonable period in which such notice or order can be complied with by the person, firm or corporation receiving such notice or order in the judgment of the Building Official.
No person, firm or corporation shall refuse, fail or neglect to comply with any such notice or order issued by the Building Official.
D. Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals.
Reports of such inspection shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
E. Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this title.
F. Right of entry. Where it is necessary to make an inspection to enforce the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this title, provided that if such structure or premises be occupied that credentials be prese nted to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. I f entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
When the Building Official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as provided in this section, to properly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this title.
G. Authority to require exposure of work. Whenever any work on which called inspections are required as enumerated in Chapter 18.07 is covered or concealed by additional work without first having been inspected, the work shall be exposed for inspection upon written notice by the Building Official. The work of exposing and recovering shall not entail expense to the City.
H. Authority to stop work. Whenever any construction work is being done contrary to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State enforced by the Building Official, the Building Official shall have the authority to issue a written notice to the responsible party to stop work on that portion of the work on which the violation has occurred. The notice shall state the nature of the violation and no work shall be done on that portion until the violation has been rectified and approval obtained from the Building Official.
I. Authority to stop use or occupancy . Whenever any portion of a building is loaded in excess for which it was constructed, or it houses a use or occupancy other than that for which it was constructed, or is determined to be an unsafe building or structure pursuant to Chapter 18.20, or there is an encroachment upon any required court, yard or easement, the Building Official shall have the authority to order by written notice that such violation be discontinued.
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The written notice shall state the nature of the violations and shall fix a time f or the abatement thereof. If the violations have not been abated by the expiration of the fixed time, the Certificate of Occupancy shall thereupon be canceled.
J. Authority to disconnect electrical service. Whenever any electrical installation regulated by t he provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State is found to be defective, the Building Official shall have the authority to disconnect or to order the discontinuance of electrical service to such installation until the installation has been made safe, and any person, firm, corporation, political subdivision or governmental agency ordered to discontinue such electrical service shall do so within twenty four (24) hours or as determined by the Building Official after the receipt of such notice and shall not reconnect such service or allow the same to be reconnected until notified to do so by the Building Official.
K. Authority to disconnect utilities. Whenever any mechanical installation regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State is found to be defective that may pose an immediate hazard to life or property, the Building Official shall have the authority to disconnect or to order the discontinuance of fuel-gas utility service, or energy supplies, to the building, structure, premises or equipment in case of emergency. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the b uilding, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter and shall not reconnect such service or allow the same to be reconnected until such installation has been made safe and was notified to do so by the Building Official.
L. Authority to condemn equipment. Whenever any equipment regulated by the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State has become hazardous to life, health, or property, the Building Official shall have the authority to condemn equipment when such equipment cannot be restored to a condition of safety or be dismantled or removed from its present location. The Building Official shall provide written notice to the owner or occupant of the building, structure, premises or equipment of such order and shall fix a time limit for compliance. No person s hall use or maintain the defective equipment after receiving such notice.
M. Authority to discontinue supply gas or water. Whenever any unsanitary conditions exist or that any construction or work regulated by the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State is dangerous, unsafe, unsanitary or a menace to life, health or property or is in violation of the provisions of this title, municipal code or other ordinances of the City , or laws and stat utes of the State, the Building Official, upon determining such information to be fact, shall have the authority to order any person, firm or corporation using or maintaining any such condition, or responsible for the use or maintenance thereof, to discont inue the use or the maintenance thereof or to repair, alter, change, remove or demolish the same as the Building Official may consider necessary for the proper protection of life, health or property; and in the case of any gas piping, gas appliance or wate r piping and any water using fixture or device, may order any person, firm or corporation supplying gas or water to such piping, appliance, fixture or device to discontinue supplying gas or water thereto until such piping, appliance, fixture or device is made safe to life, health and property.
N. Authority to modify grading operation. The Building Official is authorized to require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued.
18.03.030 – Reports, records and fees.
A. Reports. When requested, the Building Official shall submit a report to the Director, City Manager, and/or elected City officials covering the work of the Building and Safety Bureau during the preceding period. The Building Official shall have charge of, and be responsible for, the drafting of THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.03
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recommendations regarding periodic revisions and amendments to the building, residential, electrical, plumbing, mechanical, housing, energy, green building standards , housing, existing building and historical building regulations of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
B. Records. The B uilding Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issues. Such records shall be retained in the official records for the period required for retention of public records.
C. Fees. The Building Official shall keep a permanent, accurate account of all fees and other monies collected and received under this title, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of building or premises to which they relate.
18.03.040 – Liability.
The Building Official, members of the Board of Appeals or employees charged with the enforcement of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, while acting for the City in good faith and without malice in the discharge of the duties required by this title or other pertinent law or ordinance, shall not thereby be rendered liable per sonally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against the Building Official, officer, plans examiner, inspector or other employee because of an act performed by the Building Official, officer, plans examiner, inspector or other employee in the lawful discharge of duties and under the provisions of this title shall be defended by legal repr esentative of the City until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provision of this title.
This title shall not be construed to relieve from or lessen the responsibility of any person, firm or corporation owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the enforcing agency or the Cit y be held as assuming any such liability by reason of the plans examinations or inspections authorized by this title or any permits or certificates issued under this title.
18.03.050 – Modifications.
A. General. Whenever there are practical difficulties involved in carrying out the provisions of this title, the Building Official shall have the authority to grant modifications for individual cases, upon the application of the owner or owner ’s authorized agent, provided the Building Official shall first fin d that special individual reason makes the strict letter of this title impractical and the modification is in compliance with the intent and purpose of this title and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting or denying modifications shall be recorded and entered in the files of the Building and Safety Bureau.
A written application shall be submitted together with a fee set forth in Section 18.06.160.
The Building Official shall not grant modifications to any provisions required in flood hazard areas as established in Section 1612.3 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R322 of the California Residential Code adopted in Chapter 18.41 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R322 of the California Residential Code adopted in Chapter 18.41 inappropriate.
2. A determination that failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
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3. A determination that the granting of a modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws and ordinances.
4. A determination that the modification is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that the construction below the design flood elevation increases r isks to life and property.
B. Expiration. The rights and privileges granted by the Building Official shall be voided if the permit is not secured within twelve (12) months of the date the approval was granted or if the permit or plans examination expires under any of the conditions specified in Sections 18.04.060 or 18.05.060.
EXCEPTION: The Building Official may grant extensions of time if a permit applicant submits in writing substantial evidence that unusual condition or circumstances precluded the securing of the permit within the allocated time or caused the permit to expire.
18.03.060 – Alternate materials, design and methods of construction and equipment.
A. General. The provisions of this title are not intended to prevent the installation of any materials or to prohibit any design or method of construction not specifically prescribed by this title, provided that any such alternative has been approved by the Building Official . The Building Official shall have the authority to ap prove an alternative material, design or method of construction where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this title, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this title in quality, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate an y claims that may be made regarding its use. The details of action either granting or denying alternatives shall be recorded and entered in the files of the Building and Safety Bureau . A written application shall be submitted together with a fee set forth in Section
18.06.160.
B. Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this title, shall consist of valid research reports from approved sources.
C. Test. W henever there is insufficient evidence of compliance with the provisions of this title, or evidence that a material or method does not conform to the requirements of this title, or in order to substantiate claims for alternative materials or methods, the B uilding Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified by this title or by other recognized test standards. In the absence of recognized and accepted tes t methods, the Building Official shall approve the test procedures.
Tests shall be performed by an approved agency. Reports of such test shall be retained by the Building Official for the period required for retention of public records.
D. Expiration. The rights and privileges granted by the Building Official shall be voided if the permit is not secured within twelve (12) months of the date the approval was granted or if the permit or plans examination expires under any of the conditions specified in Sections 18.04.060 or 18.05.060.
EXCEPTION: The Building Official may grant extensions of time if a permit applicant submits in writing substantial evidence that unusual conditions or circumstances precluded the securing of the permit within the allocated time or caused the permit to expire.
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CHAPTER 18.04 PERMITS
18.04.010 – Permits required.
18.04.020 – Work exempt from permit.
18.04.030 – Permit applications.
18.04.040 – Permit issuance.
18.04.050 – Validity of permit.
18.04.060 – Expiration, suspension, revocation and transfer of permit.
18.04.070 – Requirement and responsibility of permittee.
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CHAPTER 18.04
PERMITS
18.04.010 – Permits required.
A. Building per mits. No person, firm or corporation shall erect, construct, enlarge, alter, repair, remodel, move, remove, improve, convert or demolish any building or part of a building or structure, or change the character or occupancy or use of any building or structu re, or part of a building or structure, in the City without first obtaining a permit covering such work from the Building Official.
B. Grading permits. No person, firm or corporation shall commence or perform any grading, and no person shall import or export any earth materials to or from any grading site, without first having obtained a permit therefore from the Building Official. Any grading project involving more than one hundred (100) cubic yards of excavation and involving an excavation in excess of five (5) feet in vertical depth at its deepest point measured from the original ground surface shall be done by a State of California licensed contractor who is licensed to perform the work described herein. A separate permit shall be required for each grading site. One (1) permit may include the entire grading operation at that site, however.
C. Electrical permits. No new electrical installation shall be made nor any alteration or addition performed to any existing wiring, nor shall any wiring for the placing or installation of any electric light, power or heating device, or any apparatus which generates, transmits, transforms or utilizes electricity operating at a voltage exceeding twenty -five (25) volts between conductors or capable of supplying more than fifty (50) watts, be made without first obtaining an electrical permit. A separate permit shall be obtained for the electrical wiring or installation in each separate building or structure.
D. Plumbing permits. No person, firm or corporation shall construct, install or alter any plumbing, water piping, gas piping, water heater, water heater vents, water treating equipment, or any appliance or device regulated by this title without obtaining a plumbing permit approving the proposed quality and character of workmanship and materials. Where a building is demolished or removed from its site, a permit and inspection is required to verify that the building sewer, water and gas service is properly capped to the satisfaction of the Building Official. A separate permit shal l be obtained for the plumbing installation in each separate building or structure.
E. Mechanical permits. No person, firm or corporation shall install, alter, reconstruct or repair any heating, ventilating, cooling, or refrigeration equipment unless a permit therefore has been obtained from the Building Official except as otherwise provided in this title. A permit shall be obtained for all heating, ventilating, cooling, or refrigeration equipment, moved with, or installed in, any relocated building. A separate permit shall be obtained for the equipment installed in each separate building or structure.
F. Combination permits. A single combined permit may be issued for the construction of any one - or two-family dwelling and related accessory building and structure, or additions or alterations thereto, which includes all building, electrical, plumbing, gas, mechanical, heating, ventilating and air conditioning work.
G. Sign permits. No person, firm or corporation shall construct any signs and billboards witho ut first obtaining a permit covering such work from the Building Official.
No person, firm or corporation shall hang, suspend or otherwise affix any sign, street banner, pole banner, flag, pennant or street decoration on any street light pole, traffic sig nal pole or over and above any street unless a permit to do so is first obtained from the City Manager. Permits issued pursuant to this section shall be in accordance with the provisions of Chapter 16.55 of Title 16, the City’s policy on City sponsorship, corporate recognition and advertising, as adopted on July 23, 1996, as amended from time to time, and any guidelines that may from time to time be approved by the City Council.
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EXCEPTION: The above provisions shall not apply to any sign or advertising matter lettered upon the surface of any awning, provided the awning is securely attached to a building and is not less than seven (7) feet above the sidewalk level immediately below.
H. Temporary permits. Before commencing the con struction of any work for temporary structures or uses including but not limited to, reviewing stands, bleachers, tents, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work, and other miscellaneous structures, a temporary permit authorizing such work shall be obtained therefore from the Building Official. Temporary permit may be restricted in the following conditions:
1. Application for permit. Except for canopies or fences used for the protection of the public around and in conjunction with construction work, application for permit shall be filed with and approved by the Building Official prior to the construction, erection or operation of any device, structure, or any work regulated by this title for temporary structure or use.
2. Time limit. Such construction shall be occupied or used only for the period set forth in Subsection 18.04.060.A.
3. Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of eg ress, accessibility, light, ventilation and sanitary requirements of this title as necessary to ensure public health, safety and general welfare. Such temporary structures and temporary uses need not comply with the type of construction or fire-resistive time periods required by this title.
4. Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code adopted in Chapter 18.42.
5. Inspection. Notwithstan ding Chapter 18.07 to the contrary, request for inspection must be received at least five (5) days prior to public use or occupancy.
6. Removal after expiration. All temporary construction or installations shall be demolished or removed within five (5) days after the expiration of the permit.
7. Termination of approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
I. Other permits.
1. Other permits must be obtained as required pursuant to any other provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
2. No person, firm or corporation shall commence moving of buildings or structures in the City without first complying with the provisions in Chapter 18.60 and obtaining a moving permit covering such work from the Building Official.
3. No person, firm or corporation shall commence drilling or redrilling for and the production of petroleum, abandonment o f wells and the removal of all equipment related to the well, or maintain and operate any wells for petroleum operation without first complying with the provision in Title 12 and obtaining a permit covering such work from the Building Official.
18.04.020 – Work exempt from permit.
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Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. Except for work undertaken to correct conditions determined to be substandard, nonconforming, dangerous or a nuisance under the provisions of Chapter 18.20, permits are not required for the following:
A. Permits n ot required. Neither building, grading, subtrade or temporary permits of this title are required for the following:
1. Buildings, structures, or utilities placed in public streets, alleys, sidewalks, and other public right of ways as defined in Section 14.08.010 and regulated in Chapter 14.48.
2. Buildings, structures, or utilities under the auspices of and owned or controlled by the federal government, the State of California, the County of Los Angeles, or by a public school district.
3. Work done by employees of the City on City -owned or leased buildings, structures, or utilities when justifiable cause is demonstrated and approved by the Building Official.
4. A temporary shed or other structure incidental to and for work authorized by a valid building , grading or subtrade permit. Such buildings and structures must be removed upon expiration of the permit or completion of work covered by the permit.
B. Building permits not required. Building permits are not required for any of the following , provided the work is not in violation of Title 21 Zoning Regulations:
1. Where the work regulated by this title is valued at seven hundred and fifty dollars ($750.00) or less, unless it affects the fire life -safety, structural stability or required accessi ble route of a building or structure, or public safety, or is done to make a building conform to the requirements of this title for a change in occupancy or use.
2. One story detached accessory structures used as tool and storage sheds, children's playhouses and similar uses, provided that the building or structure is accessory to a dwelling unit; it does not exceed one hundred twenty (120) square feet in area nor eight (8) feet in height from floor to roof; it contains no plumbing, electrical, or m echanical installations regulated by this title.
3. Isolated buildings or structures not larger in area than sixteen (16) square feet in size, including roof projections, and not more than eight (8) feet in height, if separated by a distance of twenty (20) feet or more.
4. Fences constructed of any materials that are not over four (4) feet in height above grade; and fences constructed of materials other than concrete, masonry, brick or other similar materials that are not over six (6) feet and six (6) inches in height above grade.
5. Retaining walls or planter boxes that are not over four (4) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or sloping earth, or impounding flammable liquids. This exemption shall not apply to retaining walls of any height built on slopes steeper than one (1) unit vertical in five (5) units horizontal (20% slope).
6. Sidewalks and driveways not more than thirty (30) inches above adjacent grade, not over any basement or story below, and not part of a required accessible route.
7. Application of hot or cold paint on a roof of a building or structure.
8. Repair of roofing not in excess of one hundred (100) square feet on an existing building or structure within any twelve (12) month period.
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9. Painting, papering, carpeting and similar finish work that are not required to comply with accessibility regulations.
10. Installation of ceramic tile on floor, countertops and walls less than forty -eight (48) inches in height.
11. Replacement of broken or damaged ceramic tile in an existing installation.
12. Plaster repairing not in excess of one hundred (100) square feet of interior or exterior plaster.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches in height.
14. Exhibits, booths, partitions and display counters for temporary use not exceeding thirty (30) days in conjunction with an exhibit or show and not exceeding twelve (12) feet in height above the floor.
15. Window awnings in one - or two-family dwellings and related accessory building or structure supported by an exterior wall that do not project more than fifty -four (54) inches from the exterior wall and do not require additional support.
16. Swimming, bathing and wading pools not over t wo (2) feet in depth, provide a distance from the pool to the property lines and buildings or structures not less than the depth of the pool, and not having a surface area exceeding two hundred fifty (250) square feet; there is no electrical or plumbing installation.
17. Prefabricated swimming pools accessory to a one - or two-family dwelling that are less than twenty-four (24) inches deep , do not exceed five thousand (5,000) gallons and are installed entirely above ground; it contains no plumbing, electrical, or mechanical installations regulated by this title.
18. Veneer less than four (4) feet in height.
19. Waterproof pointing of joints in masonry or veneer, also cleaning with detergents which are not injurious to clothing or skin of persons and are not removed by liquid washing, provided work is done from safely enclosed scaffolding which will collect any dust, debris or dropped tools and materials in use.
20. Prefabricated outdoor tents or canopy structures for temporary use not exceeding one hundred eighty (180) da ys, provided such tents or canopies are accessory to a one - or two -family dwelling on the site; and is not in violation of Title 9 Public Peace, Morals and Welfare, Section
9.65.050 Prohibited Canopy Structure, or the California Fire Code adopted in Chapte r 18.48.
21. Shade cloth structures constructed for nursery or agricultural purposes, not including service system.
22. Decks not exceeding two hundred (200) square feet in area , that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door.
C. Grading permits not required. Grading permits are not required for any of the following:
1. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one (1) unit vertical in two (2) units horizontal (50% slope). This exception shall not apply to cut which exceeds fifty (50) cubic yards or which changes the existing drainage pattern.
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2. A fill less than one (1) foot in depth and placed on natural terrain with a slope flatter than one (1) unit vertical in ten (10) units horizontal (10% slope). This exception shall not apply when the fill exceeds fifty (50) cubic yards or when the fill changes the existing drainage pattern.
3. Excavations for caissons or piles under buildings or structures authorized by valid building permits.
4. Excavations for basem ents, footings, caissons, piles, swimming pools or underground structures that are authorized by valid building permits.
5. Excavations for wells or tunnels or utilities, which do not provide vertical or lateral support for buildings, or adversely impact the safety or stability of private or public properties.
6. Excavation in an isolated, self -contained area if the Building Official finds that by reason of such isolation and self -containment no danger to private or public property can now or thereafter result from grading operations.
7. Refuse disposal sites controlled by other regulations of local, State or federal departments or agencies.
8. Cemetery graves.
9. Exploratory excavation performed under the direction of a registered design professiona l.
10. Mining, quarrying, excavation, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations of local, State or federal departments or agencies, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.
D. Electrical permits not required. Electrical permits are not required for any of the following:
1. Electric wiring expressly declared to be exempt from the provisions of this title by any othe r section thereof.
2. Wiring for temporary theater sets on the theater stages or temporary motion picture or television sets on any property belonging to or under the control of the City, privately owned studios, theaters, or similar locations designed for that usage.
3. Installation of any portable motor or other portable appliance energized by means of a cord or cable having an attachment plug end, when that cord or cable is permitted by this title.
4. Festive temporary decorative lighting in dwelling occupancies only, for a period not to exceed ninety (90) days.
5. Repair or replacement of electrodes or transformers of the same size and capacity for signs or marquees, except for the retrofitting of lighting and exit fixtures that are part of a required emergency lighting system.
6. The following installation and electrical wiring:
a. Non-required signaling circuits supplied by an approved Class 2 limited power source, capable of supplying not more than thirty (30) volts and one hundred (100) volt-amperes.
b. Non-required communication circuits which have the power limited in accordance with Article 725 of the California Electrical Code adopted in Chapter 18.42.
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c. Non-required amplifier output circuits which are permitted by Article 640 of the California Electrical Code adopted in Chapter 18.42 to employ Class 2 or Class 3 wiring.
d. Reinstallation of attachment wall plug receptacles or wall switches but not the outlet therefore.
e. Repair or replacement of current carrying parts or any switch, contactor or control device.
Provided the wiring for any of the above items is not located in any of the following locations or conditions:
i. Area classified as “hazardous” under Article 500 of the California Electrical Code adopted in Chapter 18.42.
ii. Appurtenant to a required fire alarm system as classified under Article 760 of the California Electrical Code adopted in Chapter 18.42.
iii. Penetrating any fire-resistive wall or floor system.
iv. In a plenum, duct or other space used for environmental air including access floors.
7. Any similar minor repair or replacement determined by the Building Official not to involve any hazard to life or property.
8. Repair of incandescent lighting fixtures in one - or two-family dwelling and relate d accessory building and structure.
9. Any electric wiring, except wiring located in an area classified as “hazardous” under Article 500 of the California Electrical Code adopted in Chapter 18.42 after the branch circuit distribution panelboards used exclusively to supply or interconnect equipment installed, owned, operated or maintained by a communication public utility and used exclusively for communication purposes, in the exercise of its communication public utility functions within the communication public utility controlled areas.
10. The replacement of defective smoke detectors in a one - or two-family dwelling and related accessory building and structure when the work is performed by a contractor with a valid contractor license issued by the State and a valid business license issued by the City.
11. The installation by Southern California Edison Company of radio-controlled relays on privately owned air conditioning equipment in the company's program of energy conservation through electrical load management, entitled "Air Conditioner Cycling Program", provided that:
a. The relays shall be tested and labeled by Underwriters' Laboratories, Inc.,
b. The Building Official shall approve of specifications for the installation of relays, and
c. The relays shall be installed and maintained by Southern California Edison Company or its contractors.
12. Repair or replacement of cords or cables allowed by other sections of this title.
The provisions of the foregoing exceptions shall not apply to any repairs or replacements of electrical devices, apparatus, or appliances which were originally installed without a permit when such permit is required for the original installation, or when energized by, or which is a part of any hazardous or illegal wiring system.
E. Plumbing permits not required. Plumbing permits are not required for any of the following:
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1. The stopping of leaks or the repair of defects in any plumbing, provided no new materials are used.
2. The repair of a water heater other than its vents, provided the water heater is not disconnected.
3. The replacement of exposed traps serving fixtures, provided approved traps are used and are properly installed.
4. The replacement of defective or unapproved ball cocks in water tanks, provided anti-siphon ball cocks are used and properly installed.
5. The repair of defective or unapproved faucets serving sinks, lavatories and bathtubs, provided approved type faucets are used and are properly installed.
6. Any gas piping not more than six (6) feet in length between an approved gas outlet and any gas fired appliance, provided that any such gas fired appliance is in the same room as the gas outlet.
7. Any sewer located entirely in the public right of way and under the authority of the Department of Public Works or Department of Water.
8. A plumbing system, or part thereof, set up for exhibition purposes and has no connection with a water or drainage system; and is not in violation of any rules and regulations promulgated by the Department of Health and Human Services or the Department of Water.
F. Mechanical permits not required. Mechanical permits are not required for any of the following:
1. Any portable heating appliance.
2. Any portable ventilating equipment.
3. Any portable cooling unit.
4. Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this title.
5. Replacement or repair of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this title.
6. Any portable evaporative cooler.
7. Any refrigerating equipment that is a part of the equipment for which a permit has been issued pursuant to the requirements of this title.
8. Any unit refrigerating system.
G. Sign permits not required. Sign permits are not required if exempt under the provision of Section
21.44.500 of Title 21 Zoning Regulations.
18.04.030 – Permit applications.
A. Application for permit. To obtain a permit as required in Section 18.04.010, the applicant shall first file an application therefore in writing on a form furnished by the Building Official for that purpose and at the time of making the application for such a permit, pay the required fee as set forth in Chapter 18.06. One complete application for each permit shall be filed. A separate permit shall be THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.04
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obtained for each building or structure, except where a combination permit is allowed pursuant to Subsection 18.04.010.F. Every such application shall, when applicable:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Chapter
18.05. 5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant’s authorized agent.
7. Give such other data and information as required by the Building Official.
8. State the estimated quantities of excavation and fill, when applicable.
B. Action on application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State applicable thereto, the Building Official shall issue a permit pursuant to Section 18.04.040.
C. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned after the date of filing, unless such application has been pursued in good faith and plans examination have not expired pursuant to Section 18.05.060 or a permit has been issued and have not expired pursuant to Section 18.04.060.
18.04.040 – Permit issuance.
A. Issuance. When the Building Official determines that the proposed work conforms to the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State applicable thereto, including receiving approval from other departments or agencies in the City that regulate such proposed work, and that the fees and charges as set forth Chapter 18.06 and other liens, costs, and/or fees due to the City have been paid, the Building Official shall issue a permit therefore to the permittee meeting the requirement of Section 18.04.070.
EXCEPTIONS: The Building Official shall have the authority to withhold the issuance of permits under the following circumstances:
1. Harbor District. No permit shall be issued for the cons truction, extension, alteration, improvement, erection, remodeling or repair of any pier, slip, basin, wharf, dock or other harbor structure of any building or structure within the Harbor District, unless the Board of Harbor Commissioners has first granted permission authorizing such work to be done as provided in the charter of the City.
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or Shoreline Harbor Marina unless the Marine Bureau has first granted permission authorizing such work to be done.
3. Model homes. No permit shal l be issued for model homes unless the property owner has compiled with all of the requirements of Subsection 20.04.170.C of Title 20 and the Director of Public Works has granted permission authorizing such work to be done.
4. Excavation or improvements adjacent to public right of ways. No permit shall be issued for projects that make any excavation or improvements in, on, or under the surface of private property adjacent to any right -of-way, where lateral support to such right -of-way or improvements or property within such right-of-way is affected by such excavation pursuant to Subsection 14.08.020.A Item 3 unless such excavation complies with the additional requirements specified in Article IV of Chapter 14.08 and the Director of Public Works has granted permission authorizing such work to be done.
B. Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been approved, provided that adequate information and detailed statements have been filed complying with all pertinent requirements of this title. The holder of such permit for the foundation or other parts of a building or structu re shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
C. Placement of permit. The permit or copy shall be kept on the site of the work until the completion of the project.
18.04.050 – Validity of permit.
A. Limit of authorization.
1. The issuance or granting of a permit is not an approval or an authorization of the work specified therein. A permit is merely an application for inspection, the issuance of which entitles the permittee to inspection of the work that is described therein.
2. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documen ts and other data.
3. Permits issued under the requirements of this title shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other title, code or other ordinances of the City or laws and statues of the State.
4. If the work described by a valid permit is prohibited by a change in the municipal code, then such work may be completed only if the Building Official determines that both substantial liabilities have been incurred, and substantial work has been performed on site, in accordance with the terms of that permit. Work performed and liabilities incurred pursuant to a demolition or moving permit shall not be considered in determining whether an owner may complete a building or structure for which a permit has been issued.
B. Validity of other laws. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title, municipal code or other ordinances of the C ity, or laws and statutes of the State. Permits presuming to give authority to violate or cancel the provisions of this title, municipal code or other ordinances of the City or law and statutes of the State shall not be valid. The Building Official is authorized to prevent occupancy or use of a structure pursuant to Section 18.03.020 where in violation of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
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C. Official grades. The permittee shall decide the correctness of proposed structure elevations and locations with respect to the official grades of public streets and to the policy of the Department of Public Works relative to the location and length of curb depressions for driveways.
D. Easements. Before the issuance or granting of a permit, the Building Official shall require a declaration, under penalty of perjury, from the owner or agent having the property owner’s consent stating that: “The proposed work will not destroy or unreasonably interfere with any access or utility easement belonging to others and located on my property, but in the event such work does destroy or unreasonably interfere with such easement, a substitute easement(s) satisfactory to the holder(s) of the easement will be provided.”
18.04.060 – Expiration, suspension, revocation and transfer of permit.
A. Expiration. Every permit issued shall be valid for a period of two (2) years from the date after its issuance; provided however that every permit issued shall expi re on the ninetieth (90th) day after its issuance if the work on the site authorized by such permit has not commenced or has not been inspected as required by Chapter 18.07; or shall expire whenever the Building Official determines the work authorized by s uch permit has been suspended, discontinued or abandoned or has not been inspected as required by Chapter 18.07 for a continuous period of ninety (90) days after the time the work has commenced.
EXCEPTION: If the holder of any permit issued by the Buildin g and Safety Bureau presents satisfactory evidence that unusual construction difficulties has prevented work from being started or continued without being suspended, discontinued or abandoned or the work has not been inspected within the ninetieth (90th) d ay time period or completed within the two -year period of validity, the Building Official may grant extensions of time reasonably necessary because of such difficulties. The extension shall be requested in writing on a form furnished by the Building Official for that purpose and justifiable cause is demonstrated pursuant to Section
18.03.050.
Notwithstanding the provisions of this subsection to the contrary, the time limit of a permit may be further restricted under the following conditions:
1. In the case of a building or structure that has been ordered repaired, rehabilitated, vacated or demolished in accordance with this title; ordered to correct a violation of this title in accordance with Chapters 18.03 and 18.20; or in the case of a responsible perso n that has been ordered to correct a violation or unsafe condition of a building or structure pursuant to Chapters 8.76,
9.37, or 9.65, such time limits as specified therein shall apply.
2. The Building Official may, because of unusual circumstances or c onditions such as, but not limited to, the repair, rehabilitation, vacation or demolition of an imminently hazardous, substandard, or dangerous building or structure, or a grading operation that may be subject to flooding during the rainy season between Oc tober 1st to April 15th, impose restrictions upon the time limits for expiration of any permit.
3. Permit issued for temporary structures or uses shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) day s within the last twelve (12) months.
4. Permit issued for moving buildings and structures pursuant to Chapter 18.60 shall be limited as specified in Section 18.60.190.
5. Permit issued to complete the required work pursuant to Subsection 18.04.060.B sha ll be limited to thirty (30) days or such time limits as determined by the Building Official from the date of the permit issuance.
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B. Unfinished buildings or structures. Whenever the Building Official determines by inspection that work on any building or structure for which a permit has been issued and the work started thereon has been suspended, discontinued or abandoned for a continuous period of ninety (90) days or more or the permit expired after the two -year period of validity, the owner o f the property upon which such building or structure is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official to do so, shall, within thirty (30) days or such time limits as specified th erein from the date of such written notice, obtain a new permit to complete the required work, pay the fee of one -half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original approved construction documents for such work, and diligently pursue the work to completion and provided, further, that such suspension, discontinuance or abandonment has not exceeded one hundred eighty (180) days; or shall remove or demolish the building or structure within ninety (90) days or such time limits as specified therein from the date of the written notice.
C. Restore to original condition. Permits that have expired shall have the site, building or project restored to the condition that existed immediately prior to the commencement of work described by such permit.
D. Suspension or revocation. The Building Official shall have the authority to, in writing, suspend or revoke a permit issued under provisions of this title whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information supplied, or in violation of any provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
E. Transfer of permit. Active permits required by this title may be transferred to a qualified person meeting the requirement of Section 18.04.070 for a fee as set forth in Section 18.06.170.
18.04.070 – Requirement and responsibility of permittee.
A. Permittee. Permits as required by this chapter shall be issued only to the following individuals:
1. A duly licensed contractor acting in compliance with the provisions of Sections 7000 through 7199 of the California Business and Professions Code and the Business License Regulations set forth in Title 5 of the municipal code, provided a written and signed statement from the duly licensed contractor stating that he or she is licensed, the number of the license and that it is in full force and effect as required by Section 7031.5 of the California Business and Professions Code.
2. An owner of a one- or two-family dwelling and related accessory building or structure acting in compliance with the provisions of Section 7044 of the California Business and Professions Code; provided however that the improvements of th e property are not intended or offered for sale, the owner occupies or intends to occupy one (1) of the units where such permit is to be obtained for the twelve (12) months prior to the completion of the work, and the owner has not performed work on more than two (2) buildings or structures during any three-year period.
3. An owner-builder acting in compliance with the provisions of Section 7044 of the California Business and Professions Code; provided however that the owner -builder does the work himself or herself or through his or her own employees, with wages as their sole compensation, and the structure(s) is/are not intended for sale; or the owner -builder contracts with properly licensed subcontractors for the construction of a single -family residential s tructure and limits the number of structures intended or offered for sale to four (4) or fewer in a calendar year.
4. A responsible person not acting in violation of Chapter 9 (commencing with Section 7000) of Division 3 of the California Business and Profes sions Code and the Business License Regulations set forth in Title 5 of the municipal code; provided a written and signed statement by the responsible person giving the basis for the alleged exemption from licensure under the Contractors’ State License Law.
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B. Workers’ compensation insurance verification. The Building Official is required by Section 3800(a) of the California Labor Code to verify workers’ compensation insurance prior to issuing a permit.
The permittee shall sign a declaration under penalty of perjury verifying Workers' Compensation Coverage or exemption from coverage as required by Section 19825 of the California Health and Safety Code.
C. Responsibility. Permits shall be presumed to incorporate the provision that the permittee, the permittee’s agent, employees, contractors or subcontractors shall carry out the proposed work in accordance with the approved construction documents and with all provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this title, municipal code or other ordinances of the City, or laws and statutes of the State applicable thereto.
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CHAPTER 18.05 SUBMITTAL DOCUMENTS
18.05.010 – General.
18.05.020 – Number of construction documents.
18.05.030 – Construction documents.
18.05.040 – Examination of construction documents.
18.05.050 – Design professional in responsible charge.
18.05.060 – Expiration of plan examination.
18.05.070 – Retention and maintenance of construction documents.
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CHAPTER 18.05
SUBMITTAL DOCUMENTS
18.05.010 – General.
Submittal documents consisting of construction documents, written record of computations, statement of special inspections, geotechnical report and other pertinent data shall be submitted with each permit application. The construction documents shall be prepared by a registered design professional licensed in the State of California to practice as such. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.
EXCEPTION: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if the Building Official finds that the nature of the work applied for is such that the review of construction documents is not necessary to obtain compliance with the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
18.05.020 – Number of construction documents.
Each application for a permit shall be accompanied by one (1) set of submittal documents for each type of plan examination or as determined by the Building Official.
18.05.030 – Construction documents.
All construction documents shall be dimensioned and drawn with ink or indelible pencil upon suitable material, or shall be made by a reproduction process approved by the Building Official. Electronic media documents are permitted to be submitted when approved by t he Building Official. The first sheet of each set of construction documents shall give the street address of the work and the name and address of the owner of the building.
All construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this title and relevant laws, ordinances, rules and regulations, as determined by the Building Official.
In lieu of detailed specifications, the Building Official may approve reference on the construction documents to a specific section, subsection or paragraph of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
Distances and dimensions on the construction doc uments, when required to show conformity with the provisions of this title, shall be done in figures.
All construction documents shall include sufficient information to demonstrate compliance for installations required to comply with the rules and regulations of the California Energy Code adopted in Chapter 18.46, where applicable.
Where applicable, a ddition information required in Subsections A through E of this section shall be provided:
A. Information on building or structure required.
1. Construction documents shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grade and, as appli cable, flood hazard areas, floodways, and design flood elevations. It shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.05
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demolished and the locations and size of existing structures and construction that are to remain on the site.
EXCEPTION: The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. Furthermore, the Building Official is authorized to grant the omission of a site plan when the proposed work is of such a nature that no information is needed to determine compliance with all laws relating to the location of buildings or structures.
2. Construction documents for buildings of other than one - or two -family dwelling and related accessory building and structure shall indicate how required structural and fire -resistive integrity will be maintained where a penetration will be made for electrical, mec hanical, plumbing and communication conduits, pipes and similar systems.
3. Construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress, including the path of exit discharge to the public way, in compliance with the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. In other than Groups R -2, R -3, and I -1 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
4. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joint s, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.
5. Construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.
6. Where balconies or other walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of t he impervious moisture barrier system including, but not limited to, the manufacturer’s installation instructions.
7. Construction documents shall show all mitigation measures required under the National Pollutant Discharge Elimination System (NPDES) permit issued to the City of Long Beach and the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP) mandated by the California Regional Water Quality Control Board in accordance with Section 8.96.130.
8. Construction documents for building s and structures providing a methane gas mitigation system shall provide drawings indicating compliance with Chapter 18.79. The construction documents shall provide details of the sub -slab ventilation system, membrane barrier, above - grade ventilation, signage, and methane gas detection and alarm system.
9. For buildings located in whole or in part in flood hazard areas as established in Chapter 16 and Appendix G of the California Building Code adopted in Chapter 18.40 or Chapter 3 of the California Residen tial Code adopted in Chapter 18.41, the construction documents shall include flood hazard documentations and design flood elevation information as required by provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State.
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10. When a structural design is required for the purpose of obtaining a permit, it shall be justified by a written record of computations filed with the Building Official and each sheet of the construction documents and written record of computations shall be signed by or bear the approved stamp of a registered design professional licensed by the State of California to practice as such. On structures which do not require a registered design professional's signatures according to Article 3, Chapter 7, Division 3, of the California Business and Professions Code but do require some structural design, the person responsible for such design shall sign the calculations and the sheets of the construction documents having engineering details thereon.
11. Construction documents shall provide structural information specified in Chapter 16 of the California Building Code adopted in Chapter 18.40 or Chapter 3 of the California Residential Code adopted in Chapter 18.41.
12. When required by Chapter 17 of the California Building Code adopted in Chapter 18.40, a statement of special inspection prepared by the registered design professional in responsible charge of the project shall be included with the construction documents.
13. When reports are require d by this chapter, recommendations included in the approved soils engineering report and engineering geology report shall be incorporated into the grading construction documents, including the dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports. A copy of the soils engineering report and engineering geology report shall be attached to the approved set of grading construction documents and kep t at the job site. Reports shall be submitted to the Building Official for review and approval in, but not limited to, the following circumstances:
a. When required by Chapter 18 of the California Building Code adopted in Chapter 18.40.
b. When projects are located on sites designated as an Alquist-Priolo Earthquake Fault Zone or Seismic Hazard Zone established pursuant to Chapter 7.5, Division 2, of the California Public Resources Code or a seismic hazard zone established pursuant to Chapter 7.8, Division 2, of the California Public Resources Code the Applicant shall demonstrate through accepted geologic seismic studies that the proposed building or structure will be located in a safe manner and not over or astraddle the trace of an active f ault. Acceptable geologic seismic studies shall meet the criteria as set forth in rules and regulations established by the Building Official to ensure that such studies are based on sufficient geologic data to determine the location or nonexistence of the active fault trace on a site.
Prior to approval of a project, a geologic report defining and delineating any hazard of surface fault rupture shall be required.
Notwithstanding Sections 2621.6 and 2621.7 of the California Public Resources Code to the contr ary, the Building Official shall have the authority, as deemed necessary and appropriate, to establish criteria in determining the type of projects that are required to comply with this subsection.
c. When previously unknown adverse soils or geologic cond itions, including liquefaction or expansive soils, are revealed prior to or during construction.
d. When buildings or structures are located near or on fills containing decomposable material.
No new b uildings or structures or additions to existing buildin gs and structures shall be located within one thousand (1,000) feet of fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or manmade protective systems or unless designed according to the recommendations contained in a report prepared by a registered design professional licensed in the State of California to practice as such. Such report shall contain a description of the investigation, study and recommendation to minimize the possible intrusion, and to p revent the accumulation of explosive THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.05
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concentrations of decomposition gases within or under enclosed portions of such building or structure. At the time of the final inspection, the registered design professional shall furnish a signed statement attesting t hat the building or structure has been constructed in accordance with his or her recommendations as to decomposition gases required herein.
No new b uildings or structures or additions to existing building or structures shall be constructed on fills containing rubbish or other decomposable material unless provision is made to prevent damage to structure, floor, underground piping and utilities due to uneven settlement of the fill. One-story light frame accessory structures not exceeding four hundred (400) square feet in area nor twelve (12) feet in height may be constructed without special provisions for foundation stability.
The soils engineering report required by this section shall include data regarding the nature, distribution and strength of existing s oils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.
The engineering geology report required by this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.
EXCEPTIONS:
1. A soils and geological report is not required where the Building Official determines that the nature of the work applied for is such that a report is not necessary.
2. A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.
All soils engineering and engineering geology reports shall comply with rules and standards established by the Building Official.
14. The increase in allowable building area permitted by Chapter 5 of the California Building Code adopted in Chapter 18.40 s hall not be allowed unless or until the owner of the required yard shall file with the Building Official an agreement binding such owner, heirs and assignees, to set aside the required yard as an unobstructed space having no improvements. Such agreement shall be recorded in the County Recorder's Office.
B. Information on grading required.
1. Application for a grading permit shall be accompanied by grading construction documents prepared and signed by a registered design professional licensed by the State of California to practice as such. The first sheet of each set of grading construction documents shall give location of the work, the name and address of the owner and the person by whom they were prepared. The grading construction documents shall include, but not be limited to, the following information:
a. General vicinity of the proposed site.
b. Property limits and accurate contours of existing ground and details of terrain and area drainage.
c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
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d. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
e. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of a djacent owners that are within fifteen (15) feet of the property or which may be affected by the proposed grading operations.
f. The location of the top and toe of all cuts and fills, the location of all "daylight" lines, the amount of cut and fill, the loca tion of disposal site for excess material, if known, and the estimated dates for starting and completing grading work.
2. Grading construction documents shall be prepared by a registered land surveyor or registered civil engineer licensed in the State of California to practice as such when the property location and its limits are not clear.
EXCEPTION: Portions of the aforementioned grading construction documents requirements may be waived by the Building Official if he or she finds that the information on the application and/or submitted plans is sufficient to show that the work will conform to the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State.
3. The Building Official is authorized to require professional inspection and testing by the soils engineer. When the Building Official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineering grading.
C. Information on electrical required.
1. When required by the Building Official for the enforcement of any provision of this title, construction documents for the installation of electrical wiring or equipment shall be filed with the Building Official and approved prior to the issuance of any permit.
2. The construction documents shall show the following:
a. Construction documents shall be of sufficient clarity to show that the proposed electrical installation will conform to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
b. Layout of the proposed electric systems for each floor or area, including dimensions of all working spaces, a full scope of the project and a legend of all symbols used.
c. The type, location and capacity of all service equipment.
d. The size and the length of all service raceways to the manhole, vault or pole of the serving agency or to the service head.
e. The size of all raceways and the length of all feeder raceways.
f. The dimensions of all pull or junction boxes larger than four inches trade size.
g. The number, size, and type of all conductors to be installed in wiring enclosures.
h. The location of every proposed outlet and switch in all parts of the building or structure including all fixed showcases, wall cases, and similar wiring.
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i. The wattage or ampere ratings of each outlet for noninductive loads and the volt -ampere rating of each unit or transformer for electric discharge lighting.
j. The location, voltage, and H.P. rating of every motor and the K.W. rating of every generator.
The type and code letter of every A.C. motor shall be given unless otherwise satisfactory to the Building Official.
k. The location and K.V.A., or equivalent rating of each transformer, capacitor, ballast, converter, frequency changer, and sim ilar equipment and the location and ampere or wattage rating of other appliances of the noninductive type.
l. Details of panelboard, switchboard, and distribution centers, showing type and arrangement of switches, overcurrent devices, and general control equipment.
m. Panelboard and switchboard schedules showing wattage and amperage, the number of active branch circuits to be installed, and the number of spare branch circuits for future use. This shall include identifying the circuits to which the outlets are connected.
n. The existing load, as calculated in accordance with Articles 210 and 220 of the California Electrical Code adopted in Chapter 18.42 or by other methods satisfactory to the Building Official, shall be indicated for existing installations having a lterations or additions made to them.
o. Other additional information as the Building Official may consider necessary for proper enforcement of this title.
p. On all occupancies indicating location, rating and method being served for all new and existing power distribution equipment.
q. Any or all engineering calculations as applicable for the installation.
r. Interconnected wiring between all devices in each branch circuit from any panelboard or switch-board to the last device or load.
s. Location of grounding and bonding, including but not limited to grounding electrode conductor sizes and length, grounding electrode(s) to be utilized, termination locations of all grounding electrode conductors, main and system bonding jumpers.
t. Available fault curren t and documentation of preliminary design approval from Southern California Edison where the service is new or upgraded.
u. Construction documents for buildings more than two (2) stories in height of other than one- or two -family dwelling and related accesso ry building or structure shall indicate how required structural and fire resistive integrity will be maintained where a penetration will be made for electrical conduits, pipes and similar systems.
3. All electrical materials, devices, appliances and equipment installed or used in the City shall be in conformity with the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. Conformity with the standards of the Underwriters' Laboratories, Inc., as approved by the American Standards Association, or other approved testing laboratory, shall be prima facie evidence of conformity with approved standards for safety to life and property. Previously used material shall not be reused in any work without the written approval obtained in advance from the Building Official.
D. Information on plumbing required.
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1. When required by the Building Official for the enforcement of any provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, construction documents for the installation of any plumbing, water piping, gas piping, waste and vent piping, water heater, water heater vents, water treating equipment, or any appliance or device shall be filed with the Building Official and approved prior to the issuance of any permit.
2. The construction documents shall show the following:
a. Construction documents shall be of sufficient clarity to show that the proposed plumbing installation will conform to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
b. Layout of the proposed plum bing systems for each floor or area, including dimensions of all working spaces, a full scope of the project and a legend of all symbols used.
c. Location, size and material of all plumbing pipes and fixtures.
d. System riser or isometric diagrams shall be provided for all drainage, waste and vent, fuel gas, potable water, storm drain, rainwater, sump pump, combination waste and v ent and standpipe systems.
e. Construction documents for buildings more than two (2) stories in height of other than one- or two -family dwelling and related accessory building or structure shall indicate how required structural and fire resistive integrity will be maintained where a penetration will be made for plumbing pipes and similar systems.
E. Information on mechanical required.
1. When required by the Building Official for the enforcement of any provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State, construction documents for the installation of environmental heating or cooling systems, refrigeration systems, absorption systems, ventilation systems and hoods shall be filed with the Building Official and approved prior to the issuance of any permit.
2. The construction documents shall show the following:
a. Construction documents shall be of sufficient clarity to show that the proposed mechanical installation will conform to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
b. Layout for each floor with dimensions of all working spaces and a legend of all symbols used.
c. Location, size and materials of all air ducts, air inlets and air outlets.
d. Location of all fans, warm -air furnaces, boilers, absorption units, refrigerant compressors and condensers and the weight of all pieces of such equipment weighing four hundred (400) pounds or more.
e. Rated capacity or horsepower of all boilers, wa rm-air furnaces, heat exchangers, blower fans, refrigerant compressors and absorption units.
f. Location, size and material of all combustion products, vents and chimneys.
g. Location and area of all ventilation and combustion air openings and ducts.
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h. Location of all air dampers, fire dampers, smoke - control dampers and combustion - products-type smoke detectors.
i. The occupancy of each area served by any heating, air-conditioning or ventilation system.
j. The location of all required fire -resistive separations that are penetrated by ducts or openings of any heating, air-conditioning or ventilation system.
k. The complete drawings of all commercial hoods and ventilation systems, including the cooking appliances served by the hoods, and verify:
i. The interconnection of the fire-extinguishing system and fuel shutoff devices.
ii. Compliance with Department of Health and Human Services requirements.
iii. Compliance with South Coast Air Quality Management District requirements.
l. The weight of any equipment weighing more than that specified in Chapter 13 of ASCE 7.
m. Construction documents for buildings more than two (2) stories in height of other than one- or two -family dwelling and related accessory building or structure shall indicate how required structural and fire resistive integrity will be maintained where a penetration will be made for mechanical conduits, pipes and similar systems.
18.05.040 – Examination of construction documents.
A. General. When the permit applicant, in addition to the fee prescr ibed therefore and at the time of making application for such permit, pay a plan examination fee as set forth in Section 18.06.020, the Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State.
B. Approval of construction documents. When the Building Official issues a permit pursuant to Section
18.04.040, the construction documents shall be approved, in writing or by stamp, as "APPROVED." One set of approved construction documents shall be retained and maintained pursuant to Section
18.05.070.
C. Previous approvals. This title shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith and has not been expired, suspended, discontinued or abandoned pursuant to Subsection 18.04.060.A or expired pursuant to Section 18.05.060.
D. Amended construction documents. Work shall be installed in accordance with the appro ved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
E. Approved construction documents on job. One (1) set of approved construction documents issued to the permit applicant shall be kept at the site of the construction or work at all times during which the work authorized thereby is in progress and shall be available and open to in spection by the Building Official. Any deviation from the stamped or approved construction documents shall be in accordance with Subsection 18.05.040.D.
F. Re-examining construction documents.
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1. Re-examining construction documents prior to approval. Whe n construction documents have been examined and are subsequently so revised by the permit applicant for reasons other than plan examination correction as to necessitate re-examination, the Building Official shall require the permit applicant to pay a re-examination fee as set forth in Section 18.06.030 which would be required for the cost of that portion of the construction or work which has been revised. No additional permit fee will be required unless the revision increases the total cost of the entire project. In that event, the Building Official shall require the permit applicant to pay an additional permit fee based on the additional cost.
EXCEPTION: No additional plan examination fee shall be charged for verification of the corrections required by the Building Official.
2. Re-examining construction documents after approval. When construction documents are resubmitted for examination of changes made to previously approved construction documents, the permit applicant shall pay a re-examination fee as set forth in Section 18.06.030.
18.05.050 – Design professional in responsible charge.
A. General. When it is required that documents be prepared by a registered design professional licensed in the State of California, the Building Official shall be author ized to require the owner to engage and designate on the permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner may designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professiona l in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and d eferred submittal items, for compatibility with the design of the building.
B. Deferred submittals.
1. For the purposes of this section, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period.
2. Deferral of any submittal items shall have prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.
3. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until the Building Official has approved the deferred submittal documents.
C. Structural observation. Where structural observation is required by Chapter 17 of the California Building Code adopted in Chapter 18.40, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.
18.05.060 – Expiration of plan examination.
If after a period of one (1) year from date of application for permit, any permit ap plicant has failed to pay for and obtain a permit pursuant to Subsection 18.04.040.A, such application and examination fee shall become invalid and no permit shall be issued unless a new application is submitted and a new THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.05
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examination fee paid pursuant to Section 18.06.020. Construction documents submitted at the time of application may be destroyed if after a period of one (1) year from date of application no permit has been paid for or issued.
EXCEPTION: The Building Official is authorized to grant one (1 ) or more extensions of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing on a form furnished by the Building Official for that purpose and justifiable cause is demonstrated pursuant to Section 18.03.050.
18.05.070 – Retention and maintenance of construction documents.
A. Retention of construction documents. The duplicate approved construction documents of every building or structure shall be stamped and retained by the Building Offic ial for a period of not less than one (1) year from the date of completion of the work covered therein, after which time the Building Official may, at his or her discretion, either dispose of the copies or retain them as a part of the permanent files of the Building Official as required by Section 19850 of the California Health and Safety Code. Before issuing a permit, the Building Official shall collect a fee pursuant to Section
18.06.090 for maintaining construction documents that are required to be retai ned by this section.
EXCEPTIONS: Construction documents for the following need not be maintained, except where required by the Building Official:
1. Single or multiple dwellings in areas which are not part of a common interest development (as defined in Section 1351 of the California Civil Code), and not more than two (2) stories and basement in height;
2. Garages and other structures appurtenant to buildings described in Exception 1 of this subsection;
3. Farm or ranch buildings; and
4. Any one-story building where the span between bearing walls does not exceed twenty-five (25) feet. This exception does not, however, apply to a steel frame or concr ete building.
B. Inspection of construction documents. The copy of the approved construction documents maintained by the Building Official as provided by Subsection 18.05.070.A may be available for inspection only on the premises of the Building Official.
C. Reproduction of construction documents. Construction documents maintained by the Building Official under Subsection 18.05.070.A may not be duplicated in whole or in part except with the written permission of the certified, licensed or registered prof essional or his or her successor, if any, who signed the original documents, and the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the association established to manage the common interest development; upon request by any State agency; or by order of a proper court.
In implementing this provision, the Building Official shall comply with the requireme nts of Section 19851 of the California Health and Safety Code.
The Building Official shall also furnish the form of an affidavit to be completed and signed by the person requesting to duplicate the official copy of the construction documents, which conta ins provisions stating the following:
1. That the copy of the construction documents shall only be used for the maintenance, operation and use of the building;
2. That drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed or registered professional of record; and THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.05
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3. That Sections 5536.25(a) and 6735(b) of the California Business and Professions Code states that a registered design professional who signs construction documents shall not be responsible for damage caused by subsequent changes to, or use of, those construction documents where the subsequent changes or uses, including changes or uses made by State or local governmental agencies, are not authorized or approved by the regi stered design professional who originally signed the construction documents, provided that the service rendered by the registered design professional who signed the construction documents was not also a proximate cause of the damage.
The fees specified in the following item 1 or 2 shall be paid by the person requesting duplication of construction documents:
1. Construction documents that have not been microfilmed and are authorized for reproduction to be duplicated by other than City services will be released only to a Department authorized duplicating service. The person requesting duplication shall pay the cost of duplicating the construction documents directly to the duplicating service. That person shall pay a processing fee for each set of construction documents released to the Building Official as determined by Section 18.06.120.
2. Construction documents that have been microfilmed and are authorized for reproduction shall be duplicated by City services or vendors. The Building Official shall collect an initial service fee for each request for reproduction of construction documents plus an additional fee for each sheet requested to be photocopied as determined by Section 18.06.120.
D. Withdrawal of construction documents. The B uilding Official shall not permit any original construction documents, or portions thereof upon which a permit has been issued, to be withdrawn from the office of the Building Official, except for official use by representatives of the City.
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CHAPTER 18.06 FEES
18.06.010 – Permit fees.
18.06.020 – Plans examination fees.
18.06.025 – Determining valuation.
18.06.030 – Plans re-examination fees.
18.06.040 – Re-inspection fee.
18.06.050 – Special inspection fee.
18.06.060 – Fees for verification reports.
18.06.070 – Investigation fees—Work without a permit.
18.06.080 – Code enforcement fees.
18.06.090 – Construction document maintenance fee.
18.06.100 – Board of appeal fees.
18.06.110 – Fee for verifying and reproducing permit records.
18.06.120 – Processing fee for reproducing construction document records.
18.06.130 – Oil and gas well record search.
18.06.140 – Oil or gas well abandonment.
18.06.150 – Service connection fee.
18.06.160 – Code modification and alternate fees.
18.06.170 – Transfer of permit fee.
18.06.180 – Temporary Certificate of Occupancy fee.
18.06.190 – Waiver of fees.
18.06.200 – Refunds.
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CHAPTER 18.06
FEES
18.06.010 – Permit fees.
A. Building permit fees. A building permit (exclusive of subtrade permits) shall be issued for each building or structure to be erected or upon which work is to be done thereunder when required pursuant to Section 18.04.010 and for each such permit the permit applicant shall pay a permit filing fee as set forth in the schedule of fees and charges established by City Council resolution plus a fee computed on the basis of the estimated total cost of the work proposed to be done, in accordance with the building permit fee as set forth in the schedule of fees and charges established by City Council resolution.
EXCEPTIONS: A single combined permit may be issued for the following:
1. The construction, addition or alteration of any building or structure of a one - or two-family dwelling and related accessory building and structure, which includes all building, electrical, plumbing, heating, ventilating, and air conditioning work; or
2. The construction, addition or alteration of any sign or sign support structure, which includes all building and electrical work.
The total permit fee for the combined building permit shall be as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects with stormwater and low impact development systems regulated under Chapters 8.96 and Chapter 18.74 shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Parts 2 and 2.5, of the California Code of Regulations, the State's Building and Residential Codes for flood resistant design and construction regulation, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects with methane gas mitiga tion systems regulated under Chapter
18.79 shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Sections 1.8.2.1.2 and 1.9.1 of Title 24, Pa rt 2, of the California Code of Regulations, the State's Disabled Access and Adaptability Requirements, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, project s regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code as developed by the California Energy Commission, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Section 2700, Chapter 8, Division 2 of the California Public Resources Code, the State’s Strong Motion Instrumentation Program, shall pay an additional fee as set forth in Secti on 2705, Chapter 8, Division 2 of the California Public Resources Code.
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In addition to the above, projects regulated under Article 1-10 in Chapter 1 of Title 24, Part 1, of the California Code of Regulations, the State’s Building Standards Administration Special Revolving Fund, shall pay an additional fee as set forth in Section 18931.6 of the California Health and Safety Code.
In addition to the above, projects regulated under Section s 65850.55 and 66015 of the California Government Code, shall pay fees for solar energy systems and energy storage systems that do not exceed the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed the amount as set forth in Section s 65850.55 and 66015 of the Cal ifornia Government Code, unless certain conditions are met.
B. Grading permit fees. A grading permit shall be issued to each property or site upon which grading work is to be done thereunder when required pursuant to Subsection 18.04.010.B, and for each such permit the permit applicant shall pay a filing fee as set forth in the schedule of fees and charges established by City Council resolution plus a grading permit fee computed on the basis of the estimated total cubic yard of work proposed to be done as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects with stormwater and low impact development systems regulated under Chapters 8.96 and Chapter 18.74 shall pay an additional fee as se t forth in the schedule of fees and charges established by City Council resolution.
C. Electrical permit fees. An electrical permit shall be issued for each building or structure upon which work is to be done thereunder when required pursuant to Subsection 1 8.04.010.C, and for each such permit the permit applicant shall pay a permit filing fee as set forth in the schedule of fees and charges established by City Council resolution plus a fee computed on the basis of the proposed work to be done in accordance with the electrical permit fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code as developed by the California Energy Commission, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projec ts regulated under Section s 65850.55 and 66015 of the California Government Code, shall pay fees for solar energy systems and energy storage systems that do not exceed the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed the amount as set forth in Section s 65850.55 and 66015 of the California Government Code, unless certain conditions are met.
NOTE: For any electrical installation for which an electrical permit is required, but for which no fee is provided in this section, the electrical permit fee shall be based on the valuation of the electrical work and determined by Subsection 18.06.010.A.
Each point at which a lamp holding device, or group of lamp holding devices, is attached shall be considered to be an electrical outlet for which a fee is provided and required, and the lamp holding device shall be considered to be an electrical fixture for which a fee is provided and required.
D. Plumbing permit fees. A plumbing permit shall be issued for each building or structure upon which work is to be done thereunder when required pursuant to Subsection 18.04.010.D, and for each such permit the permit applicant shall pay a permit filing fee as set forth in the schedule of fees and charges established by City Council resolution plus a fee computed on the basis of the proposed THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.06
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work to be done in accordance with the plumbing permit fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an addition al fee as set forth in the schedule of fees and charges established by City Council resolution.
NOTE: For the purpose of this subsection, a plumbing outlet to which a fixture may be attached shall be considered a plumbing fixture, and any appliance or de vice which connects directly or indirectly with the soil, waste or water system, or requires a trap or vent, shall be considered a plumbing fixture, and shall include water heaters, boilers and any type of water treating device.
E. Mechanical permit fees. A mechanical permit shall be issued for each building or structure upon which work is to be done thereunder when required pursuant to Subsection 18.04.010.E, and for each such permit the permit applicant shall pay a permit filing fee as set forth in the sche dule of fees and charges established by City Council resolution plus a fee computed on the basis of the proposed work to be done in accordance with the mechanical permit fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code as developed by the California Energy Commission, shall pay an additional fee as set f orth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pa y an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
F. Sign permit fees. A sign permit shall be issued for each sign or sign support structure to be erected or upon which work is to be done thereunder when required pursuant to Subsection 18.04.010.G, and for each such permit the permit applicant shall pay a filing fee as set forth in the schedule of fees and charges established by City Council resolution plus a sign permit fee computed on the basis of the estimated total cost of the work proposed to be done as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code as developed by the California Energy Commission, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
18.06.020 – Plans examination fees.
Except where the Building Official has determined that the submittal of construction documents and other data are not required if the Building Official finds that the nature of the work applied for is such that the examination of construction documents is not necessary to obtain compliance with this title, plans examination and the fees for such examination shall be required for the following:
A. Buildings and structures plan (s) examination fees. Except as provided in this section, the permit applicant for a building permit shall, in addition to the fee prescribed therefore and at the time of making application for such building permit, pay a plans examination fee as set forth in the schedule of fees and charges established by City Council resolution, inclu ding the filing fee. The plans examination fee for a combined permit shall be as set forth in the schedule of fees and charges established by City Council resolution for a building permit of the same valuation.
EXCEPTION: No plans examination fee shall be required when the Building Official has determined that the submittal of construction documents and other data are not required if it is THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.06
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found that the nature of the work applied for is such that the examination of construction documents is not necessary to obtain compliance with this title.
In addition to the above, projects with stormwater and low impact development systems regulated under Chapter 8.96 and Chapter 18.74 shall pay an additional fee as set fort h in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Parts 2 and 2.5, of the California Code of Regulations, the State's Building and Residential Codes for flood resist ant design and construction regulation, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects with methane gas mitigation systems regulated under Chapter
18.79 shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Sections 1.8.2.1.2 and 1.9.1 of Title 24, Part 2, of the California Code of Regulations, the State's Disabled Access and Adaptability Requirements, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code as developed by the California Energy Commission, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Section s 65850.55 and 66015 of the California Government Code, shall pay fees for solar energy systems and energy storage systems that do not exceed the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed the amount as set forth in Section s 65850.55 and 66015 of the California Government Code, unless certain conditions are met.
B. Grading plans examination fees. The permit applicant for a grading permit shall, in addition to the fee prescribed therefore and at the time of making application for such grading permit, pay a plans examination fee to the City as set forth in the schedule of fees and charges established by City Council resolution, including the filing fee.
In addition to the above, projects with stormwater and low impact development systems regulated under Chapters 8.96 and Chapter 18.74 shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
C. Electrical plans examination fees. The permit applicant for an electrical permit shall, in addition to the fee prescribed therefore and at the time of making application f or such electrical permit, pay a plans examination fee to the City as set forth in the schedule of fees and charges established by City Council resolution, including the filing fee.
In addition to the above, projects regulated under Title 24, Part 6, of t he California Code of Regulations, the State's Building Energy Efficiency Standards Code, developed by the California Energy Commission shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Section s 65850.55 and 66015 of the California Government Code, shall pay fees for solar energy systems and energy storage systems that do THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.06
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not exceed the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed the amount as set forth in Section s 65850.55 and 66015 of the California Government Code, unless certain conditions are met.
D. Plumbing plans examination fees. The permit applicant for a plumbing permit shall, in addition to the fee prescribed therefore and at the time of making application for such plumbing permit, pay a plans examination fee to the City as set forth in the schedule of fees and charges established by City Council resolution, including the filing fee.
In addition to the above, projects regulated under Sections 1.8.2.1.2 and 1.9.1 of Title 24, Part 2, of the California Code of Regulations, the State's Disabled Access and Adaptability Requirements, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an additional fee a s set forth in the schedule of fees and charges established by City Council resolution.
E. Mechanical plans examination fees. The permit applicant for a mechanical permit shall, in addition to the fee prescribed therefore and at the time of making applicati on for such mechanical permit, pay a plans examination fee to the City as set forth in the schedule of fees and charges established by City Council resolution, including the filing fee.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code, developed by the California Energy Commission shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
In addition to the above, projects regulated under Chapter 1 of Title 24, Part 11, of the California Code of Regulations, the State's Green Building Standards Code, shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
F. Signs and sign support structures plans examination fees. The permit applicant for a sign permit shall, in addition to the fee prescribed therefore and at the time of making application for such sign permit, pay a plans examination fee to the City as set forth in the schedule of fees and charges established by City Council resolution, including the filing fee.
In addition to the above, projects regulated under Title 24, Part 6, of the California Code of Regulations, the State's Building Energy Efficiency Standards Code, developed by the California Energy Commission shall pay an additional fee as set forth in the schedule of fees and charges established by City Council resolution.
G. Express plans examination fees. At the r equest of the permit applicant, the Building Official may, at his or her discretion, provide plans examination services at other than normal working hours. An express plans examination fee, in addition to the plans examination fees charged elsewhere in this title, as set forth in the schedule of fees and charges established by City Council resolution shall be collected at the time of the request.
H. Geologic reports review fees. A fee as set forth in the schedule of fees and charges established by City Council resolution shall be charged for the review of geologic, soils engineering or geotechnical engineering reports submitted as required by State law for proposed development in seismic hazard zones, including but not limited to, fault rupture, liquefaction and landslide hazard zones or Section 18.05.030.A 13.
18.06.025 – Determining valuation.
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The determination of value or valuation under any of the provisions of this title shall be made by the Building Official. The value to be used in computing the permit and plan examination fees shall be the total value of all construction work, including materials and labor, for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire protection systems and any other permanent equipment except as provided for in 18.04.020; or the estimate cost to replace the building or structure or portion thereof in kind, based on current replacement cost as determined therein.
In flood hazard areas, the determination of substantially improvement or repair of substantial damage buildings or structures shall be in accordance with Section 1612 and Appendix G of the California Building Code adopted in Chapter 18.40 or Section R322 of the California Residential Code adopted in Chapter 18.41 for flood resistant design and construction regulations.
No person shall willfully or negligently withhold from or misrepresent to the Building Official any information he or she may request relative to the estimated cost of any proposed work for which an application for a permit has been filed or misrepresent the cost of any such work. The determination or collection of fees based upon incorrect information and other data supplied by the permit applicant shall not prevent the Building Official from subsequently requiring the correction of the error in determining or collecting the appropriate fees.
18.06.030 – Plans re-examination fees.
When required by Section 18.05.040, the permit applicant shall pay a plan re -exmination fee as set forth in the schedule of fees and charges established by City Council resolution. The plan re - examination fee in the case of a building, sign or subtrade permit shall be based on a rate as set forth in the schedule of fees and charges establis hed by City Council resolution and the plan examination fee for a grading permit shall be as set forth in the schedule of fees and charges established by City Council resolution for the number of cubic yards replaced, removed or omitted that were not previously approved.
18.06.040 – Re-inspection fee.
When required by Section 18.07.030, the permit applicant shall pay a re -inspection fee as set forth in the schedule of fees and charges established by City Council resolution.
18.06.050 – Special inspection fee.
A. General. Upon request, the Building Official will make special inspections provided:
1. The permit applicant makes accessible and exposes elements or structures inspected;
2. That the permit applicant pays a fee as set forth in the schedule of fees and charges established by City Council resolution for the following:
a. Building inspection,
b. Plumbing inspection,
c. Electrical inspection,
d. Mechanical inspection,
e. Housing inspection (dwellings),
f. Code inspection for business license,
g. Non-team inspection,
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h. Team inspection,
i. Condominium conversion inspections, and
j. Site inspection not otherwise covered.
B. Additional inspection fee. A fee as set forth in the schedule of fees and charges established by City Council resolution per hour or fraction thereof shall be charged for inspections requiring in excess of one (1) hour.
EXCEPTION: Within the scope of the special inspections, the Building Official may approve minor corrections or alterations involving work of a building, plumbing, mechanical or electrical nature with an aggregate total cost of two thousand dollars ($2,000.00) or less.
C. Off-hour inspection fee. For inspections performed on request at other than normal office hours, a fee as set forth in the schedule of fees and charges established by City Council resolution.
18.06.060 – Fees for verification of reports.
A. Special inspection supervision fee. To supervise the performance of registered special inspectors required to be employed for certain types of work as provided by Section 18.07.080, a fee as set forth in the schedule of fees and charges established by City Council resolution for each type of work shall be paid at the time of permit issuance.
B. Structural observation report fee. To verify that all structural observation reports required by Chapter 17 of the California Building Code adopted in Chapter 18.40 have been received prior t o the issuance of a Certificate of Occupancy, a fee as set forth in the schedule of fees and charges established by City Council resolution shall be paid at the time of permit issuance.
18.06.070 - Investigation fees—Work without a permit.
A. Investigation. Whenever any work for which a permit is required by this title has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this title with a minimum fee as set forth in the schedule of fees and charges established by City Council resolution. The payment of such investigation fee shall not exempt any person, firm or corporation from compliance with all other provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State nor from any penalty prescribed by law.
EXCEPTION: The investigation fee may be waived for emergency work when it is proved to the satisfaction of the Building Official that such work was urgently needed and it was impractical to obtain a permit prior to commencement of the work.
18.06.080 – Code enforcement fees.
A. Purpose. The City incurs an extraordinary cost whenever it becomes necessary to undertake code enforcement proceedings to abate a substandard or dangerous property condition. The purpose of the code enforcement fee as required by this section is to recover a portion of these incurred costs.
B. When required. Whenever a building permit is required to abate a substandard or dangerous condition as ordered by the Building Official , a code enforcement fee shall be paid in addition to the permit fee. The special code enforcement fee shall not be required if the abatement order of the Building Official is reversed on appeal to the Board of Examiners, Appeals and Condemnation, THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.06
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or by subsequent appeal to City Council, or by final subsequent appeal to City Council, or by final judgment of a court of competent jurisdiction.
C. Fee. The code enforcement fee required by this title is as set forth in the schedule of fees and charges established by City Council resolution. The payment of the code enforcement fee shall not exempt any person, firm or corporation from compliance with all other provisions of this code nor from any penalty prescribed by law.
18.06.090 – Construction document maintenance fee.
Before issuing a permit, the Building Official shall collect a fee for maintaining construction documents that are required to be retained by Section 18.05.070. The amount of the construction document maintenance fee shall be as set forth in t he schedule of fees and charges established by City Council resolution and shall be collected for each separate construction documents to be retained by the Building Official.
18.06.100 – Board of Appeal fees.
A fee as set forth in the schedule of fees a nd charges established by City Council resolution shall be charged to a person appealing to the Board of Examiners, Appeals and Condemnation pursuant to Chapter 18.10.
EXCEPTION: For appeal involving condemnations and from corrective notices as provided for in this title, there shall be no required fee.
18.06.110 – Fee for verifying and reproducing permit records.
A fee will be charged to verify permit and inspection records, including age of building. Reproduction of permit records may be obtained for a fee. The fee is as set forth in the schedule of fees and charges established by City Council resolution.
18.06.120 – Processing fee for reproducing construction document records.
A processing fee as set forth in the schedule of fees and charges established by City Council resolution shall be charged to process a request for a copy of construction documents on record. A separate processing fee shall be paid for each construction document or set of construction documents involving a single site. The processing fee shall be in addition to fees charged to cover duplicating costs.
18.06.130 – Oil and gas well record search.
A fee as set forth in the schedule of fees and charges established by City Council resolution for each lot or parcel located in an oil zone shall be charged for a record search to determine the existence and location of subsurface gas or oil wells.
18.06.140 – Oil or gas well abandonment.
A fee as set forth in the schedule of fees and charges established by City Council resolution shall be charged for the inspections required during the abandonment of an oil or gas well.
18.06.150 – Service connection fee.
When electrical connection by the utility company is necessary to supply such temporary use, the owner of the building or a duly authorized representative shall make application and pay a fee as set forth in the schedule of fees and charges established by City Council resolution for each service connection.
Each meter and meter switch is considered a separate service. The Building Official may impose such reasonable requirements and regulations in connection therewith as he or she may deem necessary.
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18.06.160 – Code modification and alternate fees.
A. Code modification fee. A written application for code modification pursuant to Section 18.03.050 shall be submitted together with a filing fee as set forth in the schedule of fees and charges established by City Council resolution. An a dditional fee as set forth in the schedule of fees and charges established by City Council resolution per hour or fraction thereof shall be charged when staff review time exceeds one (1) hour.
B. Code alternate fee. A written application for alternate materials, design and methods of construction or equipment pursuant to Section 18.03.060 shall be submitted together with a filing fee as set forth in the schedule of fees and charges established by City Council resolution. An additional fee as set forth in the schedule of fees and charges established by City Council resolution per hour or fraction thereof shall be charged when actual staff review time exceeds one (1) hour.
EXCEPTION: The requirement for application and fees and charges may be waived by the Building Official for materials, products or methods which have been evaluated and listed by the International Code Council, the national research board, or other recognized agency.
18.06.170 – Transfer of permit fee.
Active permits transferred pursuant t o Subsection 18.04.060.E shall pay a permit transfer fee as set forth in the schedule of fees and charges established by City Council resolution.
18.06.180 – Temporary Certificate of Occupancy fee.
Permit applicants requesting a Temporary Certificate of Occupancy pursuant to Section 18.08.040 shall pay an investigation fee as set forth in the schedule of fees and charges established by City Council resolution for which approval of temporary occupancy is sought with the minimum fee as set forth in the schedule of fees and charges established by City Council resolution. An additional investigation fee shall be paid to extend a Temporary Certificate of Occupancy beyond thirty (30) days in an amount as set forth in the schedule of fees and charges established by City Council resolution of the initial investigation fee as set forth in the schedule of fees and charges established by City Council resolution for each additional thirty (30) day period or fraction thereof.
18.06.190 – Waiver of fees.
The Director may waive any application fee imposed on or after October 1, 1996 pursuant to the provisions of this title or municipal code if the Director first finds as follows:
1. A permit has been issued which does not fully conform to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State; and
2. There is no evidence that the permit applicant, in seeking the permit intentionally sought to avoid conformance to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State; and
3. Substantial construction commenced in good faith reliance on that permit; and
4. Stoppage has been ordered subsequent to such commencement as a result of the failure of the permit to conform to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State; and
5. The application or applications for which a fee waiver is requested and granted are necessary in order to authorize the i ssuance of the permit in a manner fully conforming to the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
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18.06.200 – Refunds.
A. General. No portion of any permit as required in this title sh all be refunded to the permit applicant unless, prior to commencement of actual work thereunder, the proposal to do such work is abandoned, or it is discovered that such permit is void under provisions of this title, municipal code or other ordinances of t he City. No portion of a checking fee shall be refunded to the permit applicant if any checking of the construction documents has been done in the office of the Building Official.
B. Condition. Refunds shall be made in the calculated amount so determined in this section and under the conditions as set forth in Sections 3.48.040 and 3.48.060.
C. Administration fee. Before any refund is made under this chapter, the Building Official shall deduct a percent as set forth in the schedule of fees and charges established by City Council resolution of the fee paid to pay for expenses incurred by the City in connection with accepting the construction documents, passing upon the application for or issuance of the permit, and the sum shall be deducted from the fee so paid and the balance paid to such person. If the person entitled to the refund is an individu al and such person becomes deceased, the refund may be made to such person or persons entitled to receive the money.
D. Expiration. Any application for refund must be filed by the person entitled to receive such refund within the prescribed expiration period in Subsection 18.06.200.B.
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CHAPTER 18.07 INSPECTIONS
18.07.010 – General.
18.07.020 – Inspection record card.
18.07.030 – Inspection requests.
18.07.040 – Approval required.
18.07.050 – Required inspections.
18.07.060 – Surveys.
18.07.070 – Non-inspected work.
18.07.080 – Special inspections.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.07
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CHAPTER 18.07
INSPECTIONS
18.07.010 – General.
A. Inspection. All construction or work for which a permit is required shall be subject to inspection by Section 18.07.050 and such construction or work shall remain accessible and exposed for inspection purposes until approved. Certain types of construction shall have special inspections by registered special inspectors as specified in Section 18.07.080 and Chapter 17 of the California Building Code adopted in Chapter 18.40. Prior to the issuance of a Certificate of Occupancy as specified in Section 18.08.010, a final inspection in accordance with Section 18.07.050 shall be made by the Building Official of all construction or work for which a permit has been issued.
B. Liability. Neither the Building Official, authorized employees of the Department, nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
18.07.020 – Inspection record card.
The Building Official shall furnish with each permit an inspection record card to be posted in a conspicuous place on the front premises (or electric meter box) and in su ch position as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work.
The inspection record shall show the project address, description of work, permit number and the date of permit issuance, and list the required inspections.
When any of the required inspections pursuant to Section 18.07.050 have been made and that portion of the work is approved, the inspector shall so record on the permit card posted on the job.
18.07.030 – Inspection requests.
A. General inspection request. It is the duty of the permit holder or their duly authorized agent to notify the Building Official when work is ready for inspection and to provide access to and means for inspections of such work that are required by this title. The Building Official may require that every request for inspection be filed at least one (1) working day before such inspection is desired. Such request may be in writing, by telephone or by other means at the option of the Buil ding Official.
B. Re-inspection request. To obtain a re-inspection, the permit applicant shall request such inspection pursuant to Subsection 18.07.030.A. A re-inspection fee in Section 18.06.040 may be charged for the following:
1. For each inspection o r re-inspection when the portion of work for which the inspection or re - inspection is called is not complete or when the correction called for is not made.
NOTE: This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this title, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
2. When the permit card is not properly posted on the work site, the approved construction documents are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from the approved construction documents requiring the approval of the Building Official.
In instances where re -inspection fees have been assessed, no additional inspection s will be performed related to the project or portion thereof until the required fees have been paid.
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18.07.040 – Approvals required.
No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. The Building Official, upon notification pursuant to Section 18.07.030 by the person, fir m or corporation performing the work, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or their duly authorized agent wherein the same fails to comply with the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. Such written approval shall be given only after an inspection has been made of each successive step in the construction as indicated by each of the inspections required or conditions stipulated in Section 18.07.050. There shall be a final inspection and approval on all buildings or equipment installations when completed and ready for occupancy or use.
EXCEPTIONS:
1. For temporary connection, the Building Official may give written permission to furnish electric current to or the use of electric current through any electrical wiring if such electrical wiring may be used safely for such purposes, and that there exists an urgent necessity for such use.
2. The requirements of this section shall not be considered to prohibit the operation of any heating equipment installed to replace existing heating equipment serving an occupied portion of a building, in the event a request for inspection of such heating equipment has been filed with the Building Official not more than forty -eight (48) hours af ter such replacement work is completed, and before any portion of such equipment is concealed by any permanent portion of the building.
18.07.050 – Required inspections.
A. Building. The Building Official, upon notification as specified in Section 18.07. 030, shall make the inspections set forth in subsection, if applicable.
1. Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.
2. Concrete slab and under-floor inspection. Concrete slab and under -floor inspections shall be made after all in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
3. Methane gas mitigation system inspection. Vent collector and sub -slab pipe routing shall be inspected prior to placement of the methane barrier. The methane barrier shall be inspected after installation is complete and a certificate of installation is provided by the installer. Exterior wall vent risers shall be inspected prior to concealment within the wall.
4. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Chapter 16 and Appendix G of the California Building Code adopted in Chapter 18.40 or Chapter 3 of the California Residential Code adopted in Chapter 18.41, as applicable, shall be submitted to the Building Official.
5. Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and all pipes, chimneys an d vents to be THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.07
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concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
6. Type IV-A, IV-B and IV-C construction protection inspection. In buildings of Types IV -A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of Section 2304.10.1 of the California Building Code adopted in Chapter 18.40, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.
7. Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exteri or, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
8. Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire resistance- rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
9. Energy efficiency inspections. Inspections shall be made to determine compliance with the California Energy Code adopted in Chapter 18.46 and shall include, but not be limited to, inspection for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
10. Reinforced concrete. When forms and reinforcing steel are in place ready for concrete.
11. Reinforced masonry. In grouted masonry when vertical reinforcing steel is in place and other reinforcing steel distributed and ready for placing, but before any units are laid up.
12. Structural steel. When structural steel members are in place and required connections are complete, but before concealing any members or connection.
13. Other inspections. In addition to the inspections specified in this subsection, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this title and other laws that are enforced by the Building Official.
14. Special inspections. When special inspections are required by Chapter 17 of the California Building Code adopted in Chapter 18.40.
15. Final inspection. Final inspection shall be made after all work required by the permit is completed and prior to occupancy. If located in a flood hazard area, flood hazard documentation required in Chapter 16 and Appendix G of the California Building Code adopted in Chapter 18.40 or Chapter 3 of the California Residential Code adopted in Chapter 18.41, as applicable, shall be submitted to the Building Official prior to final inspection.
B. Electrical. The Building Official, upon notification as specified in Section 18.07.030, shall make the inspection and approval of electrical installation as set forth in subsection, if applicable.
1. Inspection required. All electric wiring or installation in or on any building or structure of any nature, or tent, or premises, except as otherwise exempted in this title, for which a permit is required must be inspected and approved by the Building Official before being energized or used.
2. Prohibited use, operation or maintenance. No person shall use, operate or maintain, or cause or permit to be used, operated or maintained, any such electric wiring until such inspection and approval. No serving agency shall furnish or supply or cause or permit to be furnished or supplied, electric energy to any such electric wiring until such inspection and approval.
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3. Prohibited concealment or enclosure of electrical wiring. No person shall conceal, enclose or cover, or cause or permit to be concealed, enclosed or covered, any portion of any electric wiring in any manner that will interfere with or prevent the inspection and approval thereof.
4. Prohibited obstruction to inspection. Any portion of any floor, ceiling, wall, partitions, roof, finish or other obstruction whatsoever which re nders impracticable the making of a complete and thorough inspection of electric wiring shall be removed upon notice to do so, and shall be kept removed until such electric wiring has been inspected and approved.
5. Removal of foreign material in junction boxes and wire enclosures. Before a final inspection of any electric wiring, all plaster, concrete or other foreign material shall be thoroughly removed from every junction box and wiring enclosure, and not less than six (6) inches of jointless conductors shall extend out of each lighting outlet box for future connection thereto, except when conductors are intended to loop through the lamp holder.
6. Fixture connection. Fixtures or appliances shall not be connected to electric wiring until the rough wiring has been inspected and approved by the Building Official.
7. Free of defects. All such wiring shall be free from grounds, shorts, or other defects, before approval thereof.
8. Exemption. The provisions of this subsection shall not apply to finished work or to c onductors inserted in conduit or other wiring enclosures. Nothing contained in this subsection shall be construed to prohibit the temporary use of electric energy when and as specifically provided in this title. Nothing contained in this subsection shall b e construed to prohibit the inspection of any electric wiring even though no permit is required therefore.
9. Final inspection. Final inspection shall be made after all work required by the permit is completed and found to be in compliance with the provision s of this title, the Building Official shall leave a notice at the service switch or other suitable place so stating, and shall issue a certificate of inspection or approval tag when requested, or service permit, authorizing the connection to the electrical service and the energizing of the installation.
C. Plumbing. The Building Official, upon notification as specified in Section 18.07.030, shall make the inspection and approval of plumbing installation as set forth in subsection, if applicable.
1. Inspection required. All plumbing installation in or on any building or structure of any nature, or tent, or premises, except as otherwise exempted in this title, for which a permit is required must be inspected and approved by the Building Official.
2. Gas supply or meter. No person shall furnish or supply gas to any gas piping or install any meter therefore until all plumbing as regulated by this title has been installed and approved by the Building Official and a certificate of final inspection has been issued.
EXCEPTION: Notwithstanding anything in this chapter to the contrary, gas service may be supplied to gas piping for construction purposes only and a gas meter may be installed therefore under the following conditions:
a. The owner of the building or a duly authorized representative shall apply to the Building Official for such gas service and shall pay a fee as set forth in the schedule of fees and charges established by City Council resolution in connection with such application to the Building Official. The application for such gas service shall not be granted until all gas piping in the structure affected has been tested and approved pursuant to the California Plumbing Code adopted in Chapter 18.43.
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b. Such service shall not be permitted for an i nitial period in excess of thirty (30) days.
The Building Official may impose such reasonable requirements and regulations in connection therewith as he or she may deem necessary. For good cause, the Building Official may extend such period of time in his or her reasonable discretion.
3. Prohibited concealment of installation. No person shall fail, neglect or refuse to leave and keep any plumbing, as regulated by this title, open, uncovered and convenient for inspection until such plumbing has been inspected and approved by the Building Official, and any obstruction whatsoever, which interfered with a complete and thorough inspection of any plumbing, shall be removed upon notice so to do, and shall be left and kept removed until such plumbing has been inspected and approved.
4. Location of installation. Piping, fixtures or equipment shall not be located in such manner as to interfere with the normal operation of windows, doors or other required means of access.
5. Services to be capped when building removed. Where a building is demolished or removed from its site, the building sewer, water and gas service shall be properly capped to the satisfaction of the Building Official.
6. Final inspection. Final inspection shall be made after all work required by the permit is completed and found to be in compliance with the provisions of this title, the Building Official shall leave a notice at a suitable place so stating, and when requested shall authorize the furnishing or supplying of gas to any gas piping or the installation of any meter.
D. Mechanical. The Building Official, upon notification as specified in Section 18.07.030, shall make the inspection and approval of mechanical installation as set forth in subsection, if applicable.
1. Inspection required. All mechanical installation in or on any building or structure of any nature, or tent, or premises, except as otherwise exempted in this title, for which a permit is required must be inspected and approved by the Building Official.
2. Prohibited concealment of installation. That portion of any equipment intended to be concealed by any permanent portion of the building shall not be concealed until inspected and approved by the Building Official.
3. Connection to fuel or power supply. Equipment regulated by this title shall not be connected to the fuel or power supply until authorized by the Building Official.
4. Failure to comply. A final inspection approval may, upon notice, be revoked by the Building Official if he or she finds that the heating, ventilating, cooling, or refrigeration equipment fails in any respect to comply with the requirements of this title, or that the installation is unsafe, dangerous, or a hazard to life or property.
5. Final inspection. Final inspection shall be made after all work required by the permit is completed and found to be in compliance with the provisions of this title, the Building Official shall leave a notice at a suitable place so stating, and shall authorize the connection to the fuel or power supply for the installation.
E. Grading. The Building Official, upon notification as specified in Section 18.07.030, shall make the inspection and approval of grading, excavations or fills operation as set forth in subsection, if applicable:
1. Initial meeting/inspection. When the permit holder or their duly authorized agent is ready to begin work, but before any grading operation or brushing is started, a meeting shall be held at the project site with the contractor and the inspectors to discuss the approved construction documents, soil reports and the sequence of the grading operations.
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2. Toe inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed.
3. Excavation inspection. After the excavation is started, but before the ve rtical depth of the excavation exceeds ten (10) feet.
4. Fill inspection. After the fill placement is started, but before the vertical height of the lifts exceeds ten (10) feet.
5. Drainage device inspection. After forms and pipes are in place, but before any concrete is placed.
6. Rough grading. When all rough grading has been completed. This inspection may be called for at the completion of the rough grading without the necessity of the Building Official having previously reviewed and approved reports.
7. Final. When all work, including installation of all drainage structures or other protective devices, has been completed and the as-graded construction document and required reports have been submitted.
18.07.060 – Surveys.
In the absence of any designation of the proper location of the lot on which a building or structure is to be erected, for which a building permit has been issued, the Building Official may require the permit holder or their duly authorized agent to have the lot surveyed and staked by a registered land surveyor or registered civil engineer licensed in the State of California to practice as such so that the proper location of the building or structure on the lot may be determined and to verify compliance of the building or structure with the approved construction documents.
18.07.070 – Non-inspected work.
No person, firm or corporation shall own, use, occupy or maintain any building or structure on which non-inspected work has been performed. For the purpose of this title, "non -inspected work" shall be defined as and include but not limited to any erection, construction, enlargement, alteration, repair, remodel, movement, removal, improvement, conversion or demolition for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections, including, but not limited to, inspections as set forth in Section 18.07.050 and Chapter 17 of the California Building Code adopted in Chapter 18.40, without first obtaining inspection by and approval of the Building Official.
18.07.080 – Special inspections.
A. When required. In addition to the inspections to be made by the Building Official as specified in this chapter, the owner or the owner's authorized agent, other than the contractor, shall employ one (1) or more special inspectors who shall provide inspections during construction on the types of work listed in Chapter 17 of the California Building Code adopted in Chapter 18.40. The special inspector shall be qualified under Subsection 18.07.080.B.
B. Qualifications of special inspector. The registered special inspector shall be a qualified person who shall demonstrate his or her competence pursuant to Subsection 18.07.080.C, to the satisfaction of the Building Official, for inspection of the particula r type of construction or operation requiring special inspection.
C. Examination and certificate.
1. Requirement. Any person desiring to be registered as a registered inspector shall first qualify by passing a written or oral examination or both, given by the Building Official. Upon application THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.07
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for such examination, such person shall pay to the City a nonrefundable registration fee as set forth in the schedule of fees and charges established by City Council resolution.
2. Certificate. Every applicant passing such examination shall be issued a certificate as a registered inspector upon payment of a fee as set forth in the schedule of fees and charges established by City Council resolution.
3. Expiration. All certificates issued by the Building Official shall expire three (3) year from the date issued, and may be renewed from year to year upon the payment of an annual fee as set forth in the schedule of fees and charges established by City Council resolution. Application for renewal shall be made within thirty (30) days following the date of expiration. Expired certificates may be renewed within sixty (60) days following the date of expiration; provided, that the renewal fee shall be as set forth in the schedule of fees and charges established by City Council resolution. After a certificate has expired, it shall not be renewed, and an application, nonrefundable fee and a reexamination will be required.
D. Revocation of registration. The Building Official may revoke the registration of any registered special inspector, or the assignment of such registered special inspector to any particular building or structure, for incompetency or failure to conscientiously carry out his or her dutie s as specified in Subsection 18.07.080.E, in which event the Building Official may stop all further work upon the building or structure involved until some other person has been qualified, registered and assigned thereto by the Building Official.
E. Duties of special inspector.
1. Time at the jobsite. The registered special inspector shall be employed on the work, without expense or liability to the City, either on a full time or part time basis, depending upon the magnitude of the work as determined by the Building Official. The determination of the percentage of time necessary for the job shall be left to the discretion of the registered special inspector, subject to approval of the Building Official.
2. Responsibility. The registered special inspector shall bear a joint responsibility to the owner or the owner’s authorized agent and the Building Official. He or she shall not be an employee of the City, the contractor, a subcontractor or a material vendor. The assignments of the registered special inspector to each job shall be reported to the Building Official before commencing work.
3. Duties. In addition to required verification and inspection specified in Chapter 17 of the California Building Code adopted in Chapter 18.40, the registered special i nspector shall observe the work assigned to be certain it conforms to the approved construction documents.
On such building or structure it shall be the duty of every registered special inspector to inspect carefully all materials proposed to be used in connection with any work covered by any permit issued by the Building Official, and the registered special inspector shall obtain full information regarding the strength and durability of new types of materials where their use involves structural safety. He or she shall make such reports in writing as may be required by the Building Official regarding the progress of the work, and any deviations, defects, delays, materials, working conditions and other matters which may in any manner affect the structural safety and strength of the building. He or she shall be directly responsible for enforcing all other ordinances and laws applicable to the work to which he or she is assigned.
4. Inspection report. The registered special inspector shall furnish inspection r eports to the Building Official, the registered design professional in responsible charge and other designated persons. All discrepancies shall be brought to the immediate attention of the contractor for correction; then, if uncorrected, to the proper desi gn authority and to the Building Official. He or she shall notify the Building Official of any attempt to cover, conceal, patch or repair any defect in materials or workmanship, and he or she shall report every infraction of any ruling of the Building Offi cial. In furtherance of his or her aforesaid duties, he or she shall have the THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.07
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authority to compel the removal of defective materials and the correction of defective workmanship, or to suspend or stop further work pending a ruling of the Building Official.
5. Final report. The registered special inspector shall submit a final signed report stating whether the work requiring special inspection was, to the best of his or her knowledge, in conformance with the approved construction documents and the applicabl e workmanship provisions of this title.
F. Termination of duties.
1. Termination. Every registered inspector shall remain constantly upon the work to which he or she is assigned during the process of construction, and unless otherwise removed from the job, his or her duties shall terminate only when a certificate of compliance is issued by him or her and approved by the Building Official. Such certification of compliance shall bear a statement signed by the registered inspector stating that the work upon the building or structure to which he or she has been assigned has been completed in a satisfactory manner and that the regulations of this title affecting the structural features of such building or structure have been fully complied with. If there have been any infractions of this title, they shall be noted in this statement.
2. Certificate of compliance. The Building Official shall approve such certificate of compliance filed by the registered inspector if after inspection the structural features of such building or structure are found to be in accordance with the provisions of this chapter. Each certificate of compliance shall bear the legal description of the property upon which such building or structure is located and an identifying description of the building.
G. Waiver of special inspection. The requirement for employment of a registered special inspector may be waived if the Building Official finds that the construction is of minor nature.
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CHAPTER 18.08 CERTIFICATE OF OCCUPANCY
18.08.010 – Certificate required for use or occupancy.
18.08.020 – Issuance of certificates.
18.08.030 – Contents of certificate.
18.08.040 – Temporary certificate.
18.08.050 – Posting.
18.08.060 – Revocation.
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CHAPTER 18.08
CERTIFICATE OF OCCUPANCY
18.08.010 – Certificate required for use or occupancy.
In order to safeguard life and limb, health, property and public welfare, no building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefore as provided in this chapter.
EXCEPTIONS:
1. Unless it is specifically required by the Building Official or other provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, no existing building or structure, or portion thereof, shall require a Certificate of Occupancy, provided:
a. The occupancy and use housed therein is the same for which the original building permit was issued and a final inspection approved,
b. Alteration or repair are minor in nature and does not affect fire life -safety or structural stability of a building or structure, or portion thereof, as determined by the Building Official, and
c. The occupancy or use of a building or structure, or portion thereof, housing a Group A or E occupancy and has not been discontinued for a period of more than six (6) months.
2. No structure, the architecture of which inhibits occupancy, shall require a Certificate of Occupancy.
3. Certificate of Occupancy are not required for work not in scope of this title under Section
18.01.040 or work exempt from permits under Section 18.04.020.
Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
Certificates presuming to give aut hority to violate or cancel the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State shall not be valid.
18.08.020 – Issuance of certificates.
When required by Section 18.08.010, after the Building Official inspects the building or structure and finds no violations of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State that are enforced by the Building Official or other departments or agencies within the City, and after other applicable City departments or agencies as determined by the Building Official have reported that all required public improvements have been completed, the Building Official shall issue a Certificate of Occupancy that contains the information specified in Section 18.08.030.
When a Certificate of Occupancy is issued, it shall supersede every certificate previously i ssued for that portion of the building or structure, or portion thereof, described thereon.
18.08.030 – Contents of certificate.
Each certificate shall contain the following:
1. The building permit number.
2. The address of the building or structure.
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3. The name and address of the owner.
4. A description of that portion of the building or structure for which the certificate is issued.
5. A statement that the described portion of the building or structure has been inspected for compliance with the requirements of th is title for group and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the building permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3 of the California Building Code adopted in Chapter 18.40.
9. The type of construction as defined in Chapter 6 of the California Building Code adopted in Chapter
18.40. 10. The design occupant load.
11. If an automatic sp rinkler system is provided, the type of automatic sprinkler system and whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit.
13. The signature of the Building Official.
18.08.040 - Temporary certificate.
Notwithstanding the provisions of Section 18.08.020, if the Building Official finds that no substantial hazard will result from the occupancy of any building or structure, or portion thereof, before the same is completed, and satisfactory evidence is submitted that the work could not have been completed prior to the time such occupancy is desired because of its magnitude or because of unusual construction difficulties, and where other applicable City departments or agencies as determined by the Building Official have reported that all required public improvements have been completed, the Building Official may issue a Temporary Certificate of Occupancy for any building or structure, or portion thereof.
The Building Official may issue a Temporary Certificate of Occupancy notwithstanding the fact that all required public improvements have not been completed, if the Building Official finds that the failure to complete the public improvements was due to circumstances over which the person applying for the Certificate of Occupancy had no control.
In addition, the Building Official may issue a Temporary Certificate of Occupancy for an existing building or structure, or portion thereof, provided no substantial hazard will result and satisfactory evidence is submitted justifying the need for such temporary occupancy.
Permit applicants for a Temporary Certificate of Occupancy shall pay an investigation fee as set forth in Section 18.06.180 for which approval of temporary occupancy is sought, including extending a Temporary Certificate of Occupancy beyond thirty (30) day or for each additional thirty (30) day period or fraction thereof.
18.08.050 - Posting.
The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.
EXCEPTION: One- or two-family dwelling and related accessory building and structure.
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18.08.060 - Revocation.
The Building Official may, in writing, suspend or revoke a Certificate of Occupancy or Temporary Certificate of Occupancy issued under the provis ions of this title whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the occupancy or the maintenance of any building or structure, or portion thereof, continues contrary to or in violation of any provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State, and such continued occupancy or maintenance will result in the exposure of occupants and/or people in the vicinity to hazardous, d angerous or unsafe conditions. Such suspension or revocation shall be immediate but shall be subject to appeal in accordance with the provisions of Chapter 18.10.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.09
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CHAPTER 18.09 VIOLATIONS
18.09.010 – General.
18.09.020 – Notice of violation.
18.09.030 – Prosecution of violation.
18.09.040 – Violation penalties.
18.09.050 – Violation for obtaining permit without owner’s consent.
18.09.060 – Making false statement.
18.09.070 – Unpermitted structures.
18.09.080 – Validity of approval.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.09
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CHAPTER 18.09
VIOLATIONS
18.09.010 – General.
It shall be unlawful for any person, firm or corporation to:
1. Erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment in the City regulated by this title, or cause same to be done, in conflict with or in violation of any of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State. Maintenance of any building, structure or equipment that was unlawful at the time it was erected, constructed, altered, extended, repaired, moved, removed, demolished or occupied and which would be unlawful under this title if completed after the effective date of this title shall constitute a continuing violation of this title.
2. Grade, excavate or fill any land in the City regulated by this title, or cause same to be done, in conflict with or in violation of any of the provisions of t his title, municipal code or other ordinances of the City, or laws and statutes of the State.
3. Install, alter, repair, replace, add to, relocate, use or maintain electrical systems, equipments, appliances, fixtures, fittings and appurtenances thereto in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State. Maintenance of electrical installation that was unlawful at the time it was installed and which would be unlawful under this title if installed after the effective date of this title shall constitute a continuing violation of this title.
4. Use or maintain any plumbing, gas piping or water piping or to use, occupy or maintain any building, structure or premises containing any plumbing, gas piping or water piping in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State. Maintenance of plumbing or plumbing installation that was unlawful at the time it was installed and which would be unlawful under this title if installed after the effective date of this title shall constitute a continuing violation of this title.
5. Erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, cooling, or refrigeration equipment in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State. Maintenance of mechanical equipment that was unlawful at the time it was installed and which would be unlawful under this ti tle if installed after the effective date of this title shall constitute a continuing violation of this title.
The permissive provisions of this title shall not be presumed to waive any limitations imposed by any of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State.
18.09.020 – Notice of violation.
Pursuant to Section 18.03.020, the Building Official is authorized to serve a notice of violation or order on the person, firm or corporation resp onsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State; or in violation of a permit or certificate issued under the provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State . Such notice or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.09
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18.09.030 – Prosecution of violation.
If the notice of violation or order is not complied with promptly or within the time limit specified therein, the Building Official is author ized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in viola tion of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State or of the order or direction made pursuant thereto.
18.09.040 – Violation penalties.
Any person, firm or corporation who violates the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the app roved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this title, shall be subject to penalties as prescribed by law.
18.09.050 – Violation for obtaining permit without owner’s consent.
Every person, firm or corporation who knowingly and willfully procures a permit without the consent of the owner of record of the property for which the permit is issued, or such person's, firm’s or corporation’s agent, may be guilty of a misdemeanor as determined by the legal counsel of the City.
EXCEPTION: This section shall not apply to permits obtained pursuant to and in compliance with an order of a court of law or a governmental agency.
18.09.060 – Making false statement.
Any person, firm or corporation who willfully or knowingly, with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact in any documentation required by the Building Official to ascertain facts relative t o this title, including any oral or written evidence presented, may be guilty of a misdemeanor as determined by the legal counsel of the City. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this title whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information supplied, or in violation of any provisions of this title, municipal code or other ordinances of the City , or laws and statutes of the State.
For the purposes of this section, a “person” includes any person who is a registered special inspector, a structural inspector, a certified welder or a certified licensed contractor. The term "writing" shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the Building Official. Every violation of this title may be punishable as a misdemeanor as determine by the legal counsel of the City.
18.09.070 – Unpermitted structures.
No person, firm or corporation shall own, use, occupy or maintain any "unpermitted structure." For the purpose of this title, "unpermitted structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, remodeled, moved, rem oved, improved, converted or demolished at any point in time, without the required permit(s) having first been obtained from the Building Official, pursuant to Section 18.04.010.
18.09.080 – Validity of approval.
A. Approval not a violation of title. Approv al as a result of a plan examination or an inspection shall not be construed to be an approval of a violation of the provisions of this title, municipal code or other ordinances of the City, or laws and statutes of the State applicable thereto. Plan examinations or inspections presuming to give authority to violate or cancel the provisions of this title, municipal THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.09
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code or other ordinances of the City , or laws and statutes of the State applicable thereto shall not be valid. No approval shall relieve or exone rate any person from the responsibility of complying with the provisions and intent of this title, municipal code or other ordinances of the City , or laws and statutes of the State.
B. Correction of errors. The issuance of a permit based upon approved construction documents shall not prevent the Building Official from thereafter requiring the correction of errors on the construction documents or from preventing construction being carried on thereunder when in violation of the provisions of this title, municip al code or other ordinances of the City , or laws and statutes of the State.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.10
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CHAPTER 18.10 BOARD OF APPEALS
18.10.010 – General regulations.
18.10.020 – Board of Examiners, Appeals and Condemnation.
18.10.030 – Advisory capacity.
18.10.040 – Limitation of authority.
18.10.050 – Compensation.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.10
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CHAPTER 18.10
BOARD OF APPEALS
18.10.010 – General regulations.
The provisions of Chapter 2.18 provide uniform general regulations applicable to advisory boards, commissions and committees of the City for the performance of various prescribed duties and functions.
In the event any provision of Chapter 2.18 conflicts with a specific provision of this Title, such specific provision of this Title shall control.
18.10.020 – Board of Examiners, Appeals and Condemnation.
A. General. The Board of Examiners, Appeals and Condemnation is created pursuant to Ordinance No. C-5332 in 1977 and amended pursuant to Ordinance No. C -5709 in 1981 and Ordinance No. 14-0019 in 2014. The Board of Examiners, Appeals and Condemnation provide a forum to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the following:
1. Application and interpretation of this Title, Municipal Code or other ordinances of the City, or laws and statutes of the State;
2. Correction of substandard, nonconforming or dangerous buildings or structures; or
3. Abatement of nuisance.
B. Member. The Board of Examiners, Appeals and Condemnation shall consist of seven (7) members, of which two (2) members shall be physically handicapped persons, qualified by experience and training to pass judgment upon matters pertaining to building construction. The City Manager shall recommend members for appointment by the Mayor and confirmation by the City Council. Members shall serve two (2) year terms and shall be eligible for reappointment if their service does not exceed the eight (8) year maximum es tablished by City Council. The Building Official shall serve as Secretary to the Board of Examiners, Appeals and Condemnation.
C. Duties. The Board of Examiners, Appeals and Condemnation shall conduct hearings on written appeals regarding any orders, decisio ns or determinations made by the Building Official as specified in Subsection 18.10.020.A. In the appeal, the Board of Examiners, Appeals and Condemnation may approve or disapprove the actions taken by the Building Official subject to the limitation of Section 18.10.040.
D. Procedure. The Board of Examiners, Appeals and Condemnation shall adopt reasonable rules and regulations for conducting its investigations and hearings , including those provisions provided for in Chapters 18.20, 18.21, 18.24, 18.25, 18.29, 18.30 and 18.60 where appropriate; and where not specifically provided otherwise by such rules, Robert's Rules of Order shall govern. All decisions and findings of the Board of Examiners, Appeals and Condemnation shall be in writing and shall be filed with the Secretary with copies to the interested parties. Four (4) members shall constitute a quorum for transaction of business; and each member, including the member serving as Chairman, shall be entitled to vote on any matter coming before the Board of Exa miners, Appeals and Condemnation. All decisions shall be entered upon the minutes of the meetings of the Board of Examiners, Appeals and Condemnation, and the Building Official shall be guided in accordance therewith. All decisions of the Board of Examiners, Appeals and Condemnation shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.
E. Filing requirement. Any person aggrieved by any orders, decision or determination made by the Building Official as specified in S ubsection 18.10.020.A may appeal to the Board of Examiners, Appeals and Condemnation within thirty calendar (30) days from the date of such actions by serving a written notice upon the Secretary of the Board. A written notice shall be submitted together wi th a fee as set forth in Section 18.06.100. Such written notice shall state that the applicant is THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.10
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dissatisfied with an order, decision or determination made by the Building Official and shall describe the nature of the complaint. Such appellant shall pay t he cost of all tests made or ordered by the Board of Examiners, Appeals and Condemnation. Such notice shall be at once transmitted to the Board of Examiners, Appeals and Condemnation, and the Board of Examiners, Appeals and Condemnation shall thereafter fi x a time and place for a hearing, at which time all persons interested in the appeal shall be heard. The Secretary shall give the appellant at least ten (10) days notice of hearing or as required in Chapters 18.20, 18.21, 18.24, 18.25, 18.29, 18.30 and 18. 60, where appropriate.
18.10.030 – Advisory capacity.
The Board of Examiners, Appeals and Condemnation , upon request of the Building Official, may be called together in an advisory capacity in order to assist the Building Official.
18.10.040 – Limitations on authority.
An Notice of appeal shall be based on one of the following:
1. A claim that the true intent of the provisions of this Title, Municipal Code or other ordinances of the City, laws or statutes of the State , or the rules legally adopted thereunder has been incorrectly interpreted;
2. A claim that the provisions of thisTitle, Municipal Code or other ordinances of the City, or laws or statutes of the State do not fully apply; or
3. A claim that an equivalent or better form of construction is/was proposed.
The Board of Examiners, Appeals and Condemnation shall not have the authority to waive the provisions or interpret the administration of this Title, Municipal Code or other ordinances of the City, laws and statutes of the State, or the rules legally adopted thereunder.
18.10.050 – Compensation.
Each member of the Board of Examiners, Appeals and Condemnation shall be paid by the City, as compensation for his or her services, such sum as may, from time to time, be provided by ordinance.
Such compensation shall in no way void a member's eligibility for obtaining any City work in the course of his or her private practice or business.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.11
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CHAPTER 18.11 BUILDING ADDRESS AND NUMBER
18.11.010 – Installation authority.
18.11.020 – Baseline established.
18.11.030 – Meridian line established.
18.11.040 – Odd and even building numbers.
18.11.050 – Notice to affix building numbers.
18.11.060 – Changing building address.
18.11.070 – Variance.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.11
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CHAPTER 18.11
BUILDING ADDRESS AND NUMBER
18.11.010 – Installation authority.
The Building Official is authorized and instructed to install a system of addresses and numbers for buildings in the City.
18.11.020 – Baseline established.
Ocean Boulevard is determined to be the baseline for building addresses and building numbers on all intersecting highways shall commence with numbers one and two at the baseline and continue northerly and southerly, respectively, to the termini of such highways, or to the City limits, allowing as near as practicable one hundred (100) numbers to each block.
18.11.030 – Meridian line established.
The meridian line for building addresses shall be a line running from the Pacific Ocean along the centerline of Pine Avenue to the centerline of Country Club Drive; thence in a direct line to a point in the centerline of Long Beach Boulevard two hundred feet (200′) southerly of Forty -Eighth Street: and thence along the centerline of Long Beach Boulevard to the northerly City limits. Building numbers on all intersecting highways shall commence with the numbers one hundred (100) and one hundred one (101) at the meridian line and continue easterly and westerly, respectively, to the termini of such highway or to the City limits allowing as near as practicable one hundred (100) numbers to the block.
18.11.040 – Odd and even building numbers.
Odd building numbers shall be used on the northerly and westerly sides , and even building numbers on the southerly and easterly sides of all highways. Where practicable, twelve and one-half feet (12½′) of street frontage shall be allowed for each building number. Where necessary, fractional numbers may be used. Where buildin g addresses are required for rear designations, the building number in front thereof shall be used with letter suffixes. All highways not intersecting a base or meridian line shall be numbered in accordance with the numbering of highways parallel thereto. In any special case, such as a curved street or street not parallel either to the base line or meridian, the system may be modified in such a manner as, in the opinion of the Building Official, will best fit the conditions of such special case.
18.11.050 – Notice to affix building numbers.
The Building Official shall notify the owner or person in control of every building in the City not having a building numbered in accordance with this chapter designated for the principal entrance or entrances thereto; and the owner or person in control of the building shall, within five (5) days after such notice, place, or cause to be placed, the building number or numbers so designated in Arabic digits, each of which shall be not less than three inches (3") in height , upon the door header, doorjamb, porch post, front steps or other place near the designated entrance or entrances to the building in plain view from the highway in front thereof.
18.11.060 – Changing building address.
The Building Official shall have the authority to change addresses of existing buildings if:
A. The change of building address is necessary to comply with the requirements of this chapter; or
B. The change of building address requested by the owner of a build ing shall be accompanied by a fee as set forth in the schedule of fees and charges established by City Council resolution.
18.11.070 – Variance.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.11
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The Director, upon receipt of a written request for a variance from the building address and number requirements of this chapter, may grant such variance with respect to unique projects or projects of community-wide significance and magnitude.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.15
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CHAPTER 18.15 POLICE FACILITIES IMPACT FEE
18.15.010 – Legislative findings.
18.15.020 – Purpose.
18.15.030 – Definitions.
18.15.040 – Fund established.
18.15.050 – Police Facilities Impact Fee.
18.15.060 – Fee imposed.
18.15.070 – Calculation of Police Facilities Impact Fee.
18.15.080 – Collection of Police Facilities Impact Fee.
18.15.090 – Use of funds.
18.15.100 – Refund.
18.15.110 – Exemptions and credits.
18.15.120 – Appeals.
18.15.130 – Judicial review.
18.15.140 – Annual report and amendment procedures.
18.15.150 – Effect of Police Facilities Impact Fee on zoning and subdivision regulations.
18.15.160 – Violation—Penalty.
18.15.170 – Severability.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.15
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CHAPTER 18.15
POLICE FACILITIES IMPACT FEE
18.15.010 – Legislative findings.
A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees.
B. The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities and related costs necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.
C. That the continuing increase in th e development of residential and nonresidential construction in the City has created an urgency in that funds are needed for the increased demand for police services and the facilities that support those services which are required to serve the increasing residential and workforce population of the City.
D. The fees established pursuant to this chapter are derived from, are based upon, and do not exceed the costs of providing additional police services attributable to new residential or nonresidential construction, including: master planning to more specifically identify capital facilities to serve new development; the acquisition of additional property for police facilities; the construction of buildings for police services; the furnishing of buildings or facilities for police services; and the purchasing of equipment and vehicles for police services.
E. The fees collected pursuant to this chapter shall be used to finance the police facilities and equipment identified in Subsection 18.15.010.D.
F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared. This study is included in the "Public Safety Impact Fee Study" for th e City of Long Beach dated August 18, 2006 which is incorporated herein by reference as though set forth in full, word for word.
G. There is a reasonable relationship between the need for the police facilities and equipment set forth in Subsection 18.15. 010.D and the impacts of the types of development for which the corresponding fee is charged.
H. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged.
I. There is a reasonable relationship between the amount of the fee and the cost of the facilities and equipment or portion thereof attributable to the development on which the fee is imposed.
18.15.020 – Purpose.
A Police Facilities Impact Fee is imposed on residential and nonresidential development for the purpose of assuring that the impacts created by said development pay its fair share of the costs required to support needed police facilities and related costs necessary to accommodate such development.
18.15.030 – Definitions.
For purposes of this chapter, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilized in this chapter are not defined herein, but are defined in Title 18 or Title 21, such words and terms shall have the meanings stated therein.
"Accessory use" is as defined in Section 21.15.060.
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"Applicant" means the property owner, or duly designated agent of the property owner, for which a request for building permit or construction approval for a mobile home pad is received by the City.
"Calculation" means the point in time at which the City calculates the Police Facilities Impact Fee to be paid by the applicant. Calculation will generally occur at the time of issuance o f the applicable building permit or construction approval for a mobile home pad but may occur earlier in the development approval process.
"City Manager" means the City Manager of the City of Long Beach or other municipal officials he or she may designate to carry out the administration of this chapter.
"Collect" or "collection" means the point in time at which the Police Facilities Impact Fees are paid by the applicant. Collection will occur on the date of final inspection or the date a Certificate of Occupancy or Temporary Certificate of Occupancy, whichever occurs first, or in the case of a mobile home pad or pads, collection will occur at or on the date of construction approval is issued.
"Development" means residential and/or nonresidential develo pment to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit for such construction, reconstruction or use. Development also includes the approval and construction of new mobile home pads in existing or new mobile home parks or sites.
"Dwelling unit" or "DU" is as defined in Section 21.15.910.
"Fee-setting resolution" means the City resolution specifying the Police Facilities Impact Fee per dwelling unit or mobile home pad for residential development and per gross floor area for nonresidential development, by type and by location. The Police Facilities Impact Fee set forth in the fee -setting resolution may be revised pursuant to Section 18.15.140 and applicable State law.
"Gross floor area" means the construction of floor area (in square feet) of a nonresidential development measured from the exterior building lines of each floor with respect to enclosed spaces, excluding dwelling units and parking facilities. For purposes of this chapter, the term "encl osed spaces" specifically includes, but is not limited to, an area available to and customarily used by the general public and all areas of business establishments generally accessible to the public such as fenced, or partially fenced in areas of garden centers attached to and serving the primary structure.
"Mixed use" is as defined in Section 21.15.1760.
"Mobile home" is as defined in Section 21.15.1770.
"Nonresidential development" means a development undertaken for the purpose of constructing gross floor area that includes, but is not limited to, commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction.
"Parking facility" means a building or structure, or portion thereo f, that provides parking spaces for vehicles; and which may include, but is not limited to, the ancillary facilities such as sidewalks, drainage area, lighting, landscaping, striping, exits and entrances, signage, waiting areas and other related areas or uses as determined by the Director.
"Police Department" means the Police Department of the City of Long Beach.
"Principal use" is as defined in Section 21.15.2170.
"Residential development" means a development undertaken for the purpose of (i) constructing a dwelling unit or units or (ii) the alteration or change of use of an existing building or structure that results in new dwelling unit or units and involving the issuance of a building permit for such construction, reconstruction or use, or the construction approval for a mobile home pad or pads.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.15
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18.15.040 – Fund established.
A Police Facilities Impact Fee fund is established. The Police Facilities Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment related to residential and nonresidential developments as described in this chapter.
18.15.050 – Police Facilities Impact Fee.
There is imposed a Police Facilities Impact Fee on all residential and nonresidential developments as those terms are defined in this chapter.
18.15.060 – Fee imposed.
A. Any person who, after the effective date of this chapter, seeks to engage in residential or nonresidential developments, including mobile home as defined in this chapter, by obtaining a building permit, or construction approval for a mobile home pad or pads, is required to pay a Police Facilities Impact Fee in the manner and amount as set forth in the fee-setting resolution. The Police Facilities Impact Fee imposed pursuant to this chapter shall not apply to those projects for which a Planning Bureau application for conceptual or site plan review has been filed and deemed complete by the Department of Development Services by April 3, 2007.
B. No Certificate of Occupancy, Temporary Certificate of Occupancy, final inspection approval or construction approval for a mobile home pad or pads, as applicable, for the activities listed in Subsection 18.15.060.A shall be issued unless and until the Police Facilities Impact Fee required by this chapter has been paid to the City.
18.15.070 – Calculation of Police Facilities Impact Fee.
A. The Director shall calculate the amount of the applicable Police Facilities Impact Fee due as a condition precedent to the issuance, and at any time prior to, the building permit or construction approval for a mobile home pad or pads based upon the applica ble impact fee rate as specified in the fee-setting resolution.
B. The Director shall calculate the amount of the applicable Police Facilities Impact Fee due by:
1. Determining the number and type of dwelling units in a residential development or mobile home pads in a mobile home park or site and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution per dwelling unit or pad.
2. Determining the gross floor area, type of use and location in a nonresidential development, and multiplying the same by the Police Facilities Impact Fee amount as established by the fee - setting resolution per square foot.
3. Determining the number and type of dwelling units in the residential development portion and the gross floor area, type of use and location in the nonresidential development portion of a building or structure containing mixed uses and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution for each use.
4. Determining the gross floor area, type of use and location in a building or structure containing mixed uses that include two (2) or more principal uses in nonresidential development portion and multiplying the same by the Police Facilities Impact Fee amount as established by the fee- setting resolution for each use. The gross floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use.
18.15.080 – Collection of Police Facilities Impact Fee.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.15
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A. The City shall collect from the applicant the Police Facilities Impact Fee prior to the issuance of a Certificate of Occupancy, Temporary Certificate of Occupancy, final inspection or cons truction approval for mobile home pad or pads, whichever occurs first.
B. Except for an administrative charge that shall be allocated to the Department of Development Services, all funds collected shall be properly identified and promptly transferred for deposit in the Police Facilities Impact Fee fund and used solely for the purposes specified in this chapter.
18.15.090 – Use of funds.
A. Funds collected from the Police Facilities Impact Fee shall be used to fund the costs of providing additional police services attributable to new residential and nonresidential developments including mobile home and shall include:
1. The acquisition of additional property for law enforcement facilities;
2. The construction of new buildings for law enforcement services;
3. The furnishing of new buildings or facilities for law enforcement services;
4. The purchasing of equipment and vehicles for law enforcement services;
5. The funding of a master plan to identify capital facilities to serve new Po lice Department development; and
6. The cost of financing (e.g., interest payments) related to Subsections 1 through 5, inclusive.
B. Funds shall not be used for periodic or routine maintenance.
C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Police Facilities Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Subsection 18.15.090.A.
D. Funds may be used to provide refunds as described in Section 18.15.100.
18.15.100 – Refund.
A. Any applicant who has paid a Police Facilities Impact Fee pursuant to this chapter may apply for a full or partial ref und of same, if, within one (1) year after collection of the Police Facilities Impact Fee the development has been modified, pursuant to appropriate City ordinances and regulations, resulting in (i) a reduction of the number of dwelling units in a residential development or portion of a residential development in a building or structure with mixed uses, (ii) a change in the type of dwelling units, (iii) a reduction of the gross floor area in a nonresidential development or portion of a nonresidential development in a building or structure with mixed uses, or (iv) the applicability of an exemption pursuant to Section 18.15.110. The City shall retain a sum equaling twenty percent (20%) of the impact fee paid by the applicant to offset the administrative costs of refund. The applicant must submit an application for such a refund in accordance with Chapter 3.48. In no event shall a refund exceed the amount of the Police Facilities Impact Fee actually paid.
B. Any funds not expended, encumbered or obligated by i ssued indebtedness by the end of the calendar quarter immediately following five years from the date the Police Facilities Impact Fee was paid shall, upon application of the current landowner, be returned to such landowner with interest at a rate equal to the rate of interest earned by the City from the time the fee was paid, provided that the landowner submits an application for a refund within one hundred eighty (180) calendar days from the expiration of the five-year period.
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18.15.110 – Exemptions and credits.
A. Exemptions. Any claim of exemption must be made no later than the time of building permit issuance or mobile home construction approval. The following uses and types of development specified in this section are exempted from the payment of the Police Facilities Impact Fee:
1. Nonresidential development.
a. Construction of a nonresidential building or structure or an addition to an existing nonresidential building or structure of three thousand (3,000) square feet or less of gross floor area.
b. Parking facilities.
c. Hospitals as that term is defined in Section 21.15.1370.
2. Residential development. The exemption provided herein shall not apply to residential tract development, residential development of more than one (1) unit per l ot, or to the replacement of a single-family dwelling with more than one (1) dwelling unit.
a. Construction, replacement or rebuilding of (i) a single -family dwelling (one unit per lot) on an existing lot of record.
b. Replacement of one (1) mobile home with another on the same pad.
c. Legalization of an illegal dwelling unit existing prior to January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 21.25.403.D.
d. Moving and relocation of a single-family home from one (1) lot within the City to another lot within the City.
e. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the Califor nia Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code or “moderate i ncome household” as defined in Section 50093 of the Health and Safety Code . This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for very low, lower or moderate -income households, as applicable, whether as units for rent or for sale or transfer, for the lesser of a period of fifty-five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the for m of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any Stat e or federal program providing affordable housing to very low, lower and moderate -income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The City's Housing and Neighborhood Services Bureau shall be notified of pending transfers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The City's Housing and Neighborhood Services Bureau shall be notifie d of pending rentals and give its approval of proposed tenant's qualifying income status and rental rate, prior to the tenant's occupancy. Applicant or any successor -in-interest shall be required to provide annually, or as requested, the names of all tenan ts or purchasers, current rents, and income certification to ensure compliance. Voluntary removal of the housing restriction or violation of the restriction shall be enforced by the City's Housing and Neighborhood THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.15
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Services Bureau and shall require the appl icant or any successor -in-interest to pay the then applicable Police Facilities Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable.
f. The installation of a replacement mobile home on a lot or other such site when a Police Facilities Impact Fee for such mobile home site has previously been paid pursuant to this chapter, or where a mobile home legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.
3. Other construction work. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:
a. The alteration, remodeling, rehabilitati on, or other improvements or modifications to existing buildings or structures.
b. The rebuilding of existing buildings or structures destroyed by fire, flood, earthquake or other acts of God.
c. The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirements.
d. The rehabilitation or replacement of existing buildings or structures destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.
B. Credits. Any applicant whose development is located within a Community Facilities District (CFD), and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the development impact fees established by this chapter.
18.15.120 – Appeals.
A. An applicant may appeal, by protest, any imposition of the Police Facilities Impact Fee by fi ling a notice of appeal with the City Clerk within ninety (90) days after the applicant pays the required fee.
B. A valid appeal by protest of the imposition of the Police Facilities Impact Fee shall meet all of the following requirements:
1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;
2. Serving written notice on the City including:
a. A statement that the required payment has been tendered under protest or that required conditions have been satisfied;
b. A statement informing the City of the factual elements of the dispute and the legal theory forming the basis of the protest;
c. The name and address of the applicant;
d. The name and address of the property owner;
e. A description and location of the property;
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f. The number of residential units or nonresidential gross floor area proposed, by land use or dwelling unit type, as appropriate; and
g. The date of issuance of the building permit.
C. The City Council shall schedule a hearing and render a final decision on the applicant's appeal within sixty (60) days after the date the applicant files a valid appeal.
D. The City Council hearing shall be administrative. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.
E. The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the Police Facilities Impact Fee pursuant to the express terms of this cha pter and applicable State law.
F. If the Police Facilities Impact Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Police Facilities Impact Fee calculated to be due, the application for the building permit or mobile home construction approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the Police Facilities Impact Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.
G. Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.15.130.
18.15.130 – Judicial review.
A. Any judicial action or proceeding to attack, review, set aside, void or annul the ordinance codified in this chapter, or any provision thereof, or resolution, or amendment thereto, shall be commenced within ninety (90) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.
B. Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Police Facilities Impact Fee on a development shall be preceded by a v alid appeal by protest pursuant to Section 18.15.120 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of process effected within ninety (90) days after the hearing on appeal regarding the imposition of a Police Facilities Impact Fee upon the development.
18.15.140 – Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the Police Chief shall evaluate progress in implementation of the Police Facilities Impact Fee program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006 incorporating among other things:
1. The police facilities and equipment commenced, purchased or completed utilizing monies from the Police Facilities Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Police Facilities Impact Fees in the fund; and
4. Recommended changes to the Police Facilities Impact Fee, including, but not ne cessarily limited to, changes in the Police Facilities Impact Fee chapter or fee-setting resolution.
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B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this chapter or the fee -setting resolution implementing this chapter. Changes to the Police Facilities Impact Fee rates or schedules may be made by amending the fee-setting resolution. Any change which increases the amount of the Police Facilities Impact Fee shall be adopted by the City Council only after a noticed public hearing.
Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this chapter or the fee-setting resolution establishing Police Facilities Impact Fee rates or schedules at such other times as may be deemed necessary.
18.15.150 – Effect of Police Facilities Impact Fee on zoning and subdivision regulations.
This chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development.
18.15.160 – Violation—Penalty.
A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this chapter.
18.15.170 – Severability.
If any section, phr ase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validi ty of the remaining portions thereof.
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CHAPTER 18.16 FIRE FACILITIES IMPACT FEE
18.16.010 – Legislative findings.
18.16.020 – Purpose.
18.16.030 – Definitions.
18.16.040 – Fund established.
18.16.050 – Fire Facilities Impact Fee.
18.16.060 – Fee imposed.
18.16.070 – Calculation of Fire Facilities Impact Fee.
18.16.080 – Collection of Fire Facilities Impact Fee.
18.16.090 – Use of funds.
18.16.100 – Refund.
18.16.110 – Exemptions and credits.
18.16.120 – Appeals.
18.16.130 – Judicial review.
18.16.140 – Annual report and amendment procedures.
18.16.150 – Effect of Fire Facilities Impact Fee on zoning and subdivision regulations.
18.16.160 – Violation—Penalty.
18.16.170 – Severability.
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CHAPTER 18.16
FIRE FACILITIES IMPACT FEE
18.16.010 – Legislative findings.
A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees.
B. The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities and related costs necessary to accommodate such development. This must be done in orde r to promote and protect the public health, safety and welfare.
C. That the continuing increase in the development of residential and nonresidential construction in the City has created an urgency in that funds are needed for the increased demand for fire services and the facilities that support those services which are required to serve the increasing residential and workforce population of the City.
D. The fees established pursuant to this chapter are derived from, are based upon, and do not exceed the costs of providing additional fire services attributable to new residential or nonresidential construction, including: master planning to more specificall y identify capital facilities to serve new development; the acquisition of additional property for fire facilities; the construction of buildings for fire services; the furnishing of buildings or facilities for fire services; and the purchasing of equipment, apparatus, and vehicles for fire services.
E. The fees collected pursuant to this chapter shall be used to finance the fire facilities, equipment, and apparatus identified in Subsection 18.16.010.D.
F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new fire facilities and equipment has been prepared. This study is included in the "Public Safety Impact Fee Study" for the City of Long Beach dated August 18, 2006 which is incorporated herein by reference as though set forth in full, word for word.
G. There is a reasonable relationship between the need for the fire facilities, apparatus and equipment set forth in Subsection 18.16.010.D and the impacts of the types o f development for which the corresponding fee is charged.
H. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged.
I. There is a reasonable relationship between the amount of the fee and the c ost of the facilities, apparatus and equipment or portion thereof attributable to the development on which the fee is imposed.
18.16.020 – Purpose.
A Fire Facilities Impact Fee is imposed on residential and nonresidential development for the purpose of assuring that the impacts created by said development pay its fair share of the costs required to support needed fire facilities and related costs necessary to accommodate such development.
18.16.030 – Definitions.
For purposes of this chapter, the word s and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilized in this chapter are not defined herein, but are defined in Title 18 or Title 21, such words and terms sha ll have the meanings stated therein.
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"Accessory use" is as defined in Section 21.15.060.
"Applicant" means the property owner, or duly designated agent of the property owner, for which a request for building permit or construction approval for a mobile home pad is received by the City.
"Calculation" means the point in time at which the City calculates the Fire Facilities Impact Fee to be paid by the applicant. Calculation will generally occur at the time of issuance of the applicable building permit or construction approval for a mobile home pad but may occur earlier in the development approval process.
"City Manager" means the City Manager of the City of Long Beach or other municipal officials he or she may designate to carry out the administration of this chapter.
"Collect" or "collection" means the point in time at which the Fire Facilities Impact Fees are paid by the applicant. Collection will occur on the date of final inspection or the date a Certificate of Occupancy or Temporary Certificate of Occupancy, whichever occurs first, or in the case of a mobile home pad or pads, collection will occur at or on the date of construction approval is issued.
"Development" means residential and/or nonresidential development to an undeveloped, partially developed or redeveloped site and invo lving the issuance of a building permit for such construction, reconstruction or use. Development also includes the approval and construction of new mobile home pads in existing or new mobile home parks or sites.
"Dwelling unit" or "DU" is as defined in Section 21.15.910.
"Fee-setting resolution" means and refers to the City resolution specifying the Fire Facilities Impact Fee per dwelling unit or mobile home pad for residential development and per gross floor area for nonresidential development, by type and by location. The Fire Facilities Impact Fee set forth in the fee- setting resolution may be revised pursuant to Section 18.16.140 and applicable State law.
"Fire Department" means the Fire Department of the City of Long Beach.
"Gross floor area" means the construction of floor area (in square feet) of a nonresidential development measured from the exterior building lines of each floor with respect to enclosed spaces, excluding dwelling units and parking facilities. For purposes of this chapter, the te rm "enclosed spaces" specifically includes, but is not limited to, an area available to and customarily used by the general public and all areas of business establishments generally accessible to the public such as fenced or partially fenced in areas of garden centers attached to and serving the primary structure.
"Mixed use" is as defined in Section 21.15.1760.
"Mobile home" is as defined in Section 21.15.1770.
"Nonresidential development" means a development undertaken for the purpose of constructing gross floor area that includes, but is not limited to, commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction.
"Parking facility" means a building or structure, or portion thereof, that provides parking spaces for vehicles; and which may include, but is not limited to, the ancillary facilities such as sidewalks, drainage area, lighting, landscaping, striping, exits and entrances, signage, waiting areas and other related areas or uses as determined by the Director.
"Principal use" is as defined in Section 21.15.2170.
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in new dwelling unit or units and involving the issuance of a building permit for such construction, reconstruction or use, or the construction approval for a mobile home pad or pads.
18.16.040 – Fund established.
A Fire Facilities Impact Fee fund is established. The Fire Facilities Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of fire facilities, apparatus and equipment related to residential and nonresidential developments as described in this chapter.
18.16.050 – Fire Facilities Impact Fee.
There is imposed a Fire Facilities Impact Fee on all residential and nonresidential development as those terms are defined in this chapter.
18.16.060 – Fee imposed.
A. Any person who, after the effective date of the ordinance codified in this chapter, seeks to engage in residential or nonresidential developments, including mobile home as defined in this chapter, by obtaining a building permit, or construction approval f or a mobile home pad or pads, is required to pay a Fire Facilities Impact Fee in the manner and amount as set forth in the fee-setting resolution.
The Fire Facilities Impact Fee imposed pursuant to this chapter shall not apply to those projects for which a Planning Bureau application for conceptual or site plan review has been filed and deemed complete by the Department of Development Services by April 3, 2007.
B. No Certificate of Occupancy, Temporary Certificate of Occupancy, final inspection approval o r construction approval for a mobile home pad or pads, as applicable, for the activities listed in subsection A of this section shall be issued unless and until the Fire Facilities Impact Fee required by this chapter has been paid to the City.
18.16.070 – Calculation of Fire Facilities Impact Fee.
A. The Director shall calculate the amount of the applicable Fire Facilities Impact Fee due as a condition precedent to the issuance, and at any time prior to, the building permit or construction approval for a mobile home pad or pads based upon the applicable impact fee rate as specified in the fee-setting resolution.
B. The Director shall calculate the amount of the applicable Fire Facilities Impact Fee due by:
1. Determining the number and type of dwelling units in a residential development, or mobile home pads in a mobile home park or site and multiplying the same by the Fire Facilities Impact Fee amount as established by the fee-setting resolution per dwelling unit or pad.
2. Determining the gross floor area, type of use and location in a nonresidential development, and multiplying the same by the Fire Facilities Impact Fee amount as established by the fee-setting resolution per square feet.
3. Determining the number and type of dwelling units in the residential development portion and the gross floor area, type of use and location in the nonresidential development portion of a building or structure containing mixed uses and multiplying the same by the Fire Facilities Impact Fee amount as established by the fee-setting resolution for each use.
4. Determining the gross floor area, type of use and location in a building or structure containing mixed uses that include two (2) or more principal uses in the nonresidential developm ent portion, and multiplying the same by the Fire Facilities Impact Fee amount as established by the fee -setting resolution for each use. The gross floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use.
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18.16.080 –Collection of Fire Facilities Impact Fee.
A. The City shall collect from the applicant the Fire Facilities Impact Fee prior to the issuance of a Certificate of Occupa ncy, Temporary Certificate of Occupancy, final inspection or construction approval for mobile home pad or pads, whichever occurs first.
B. Except for an administrative charge that shall be allocated to the Department of Development Services, all funds collected shall be properly identified and promptly transferred for deposit in the Fire Facilities Impact Fee fund and used solely for the purposes specified in this chapter.
18.16.090 – Use of funds.
A. Funds collected from the Fire Facilities Impact Fee shall be used to fund the costs of providing additional fire services attributable to new residential and nonresidential development including mobile home and shall include:
1. The acquisition of additional property for Fire Department facilities;
2. The construction of new buildings for Fire Department services;
3. The furnishing of new buildings or facilities for Fire Department services;
4. The purchasing of equipment, apparatus, and vehicles for Fire Department services;
5. The funding of a maste r plan to identify capital facilities to serve new Fire Department development; and
6. The cost of financing (e.g., interest payments) related to Subsections 1 through 5, inclusive.
B. Funds shall not be used for periodic or routine maintenance.
C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Fire Facilities Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Subsection 18.16.090.A.
D. Funds may be used to provide refunds as described in Section 18.16.100.
18.16.100 – Refund.
A. Any applicant who has paid a Fire Facilities Imp act Fee pursuant to this chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Fire Facilities Impact Fee the development has been modified, pursuant to appropriate City ordinances and regulations, resulting in (i) a reduction of the number of dwelling unit(s) in a residential development or portion of a residential development in a building or structure with mixed uses, (ii) a change in the type of dwelling units, (iii) a reduction of the gross floor area i n a nonresidential development or portion of an nonresidential development in a building or structure with mixed uses, or (iv) the applicability of an exemption pursuant to Section 18.16.110. The City shall retain a sum equaling twenty percent (20%) of the impact fee paid by the applicant to offset the administrative costs of refund. The applicant must submit an application for such a refund in accordance with Chapter 3.48. In no event shall a refund exceed the amount of the Fire Facilities Impact Fee actually paid.
B. Any funds not expended, encumbered or obligated by issued indebtedness by the end of the calendar quarter immediately following five years from the date the Fire Facilities Impact Fee was paid shall, upon applic8ation of the current landowner, be returned to such landowner with interest at a rate equal to the rate of interest earned by the City from the time the fee was paid, provided THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.16
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that the landowner submits an application for a refund within one hundred eighty (180) calendar days from the expiration of the five-year period.
18.16.110 – Exemptions and credits.
A. Exemptions. Any claim of exemption must be made no later than the time of building permit issuance or mobile home construction approval. The following uses and types of developm ent specified in this section area exempted from the payment of the Fire Facilities Impact Fee.
1. Nonresidential development.
a. Construction of a nonresidential building or structure or an addition to an existing nonresidential building or structure of t hree thousand (3,000) square feet or less of gross floor area.
b. Parking facilities.
c. Hospitals as that term is defined in Section 21.15.1370.
2. Residential development. The exemption provided herein shall not apply to residential tract development, residential development of more than one (1) unit per lot, or to the replacement of a single-family dwelling with more than one (1) dwelling unit.
a. Construction, replacement or rebuilding of (i) a single -family dwelling (one unit per lot) on an existing lot of record.
b. Replacement of one (1) mobile home with another on the same pad.
c. Legalization of an illegal dwelling unit existing prior to January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 21.25. 403.D.
d. Moving and relocation of a single-family home from one (1) lot within the City to another lot within the City.
e. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code or “moderate income household” as defined in Section 50093 of the Health and Safety Code . This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for very low, lower or moderate -income households whether as units for rent or for sale or transfer, for the lesser of a period of fifty- five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor -in-interest to the real property being developed. The agreement shall subordinate, if required, to any State or federal program providing affordable housing to very low, lower or moderate -income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The City's Housing and Neighborhood Services Bureau shall be notified of pending transfers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The City's Housing and Neighborhood Services Bureau shall be notified of pending rentals and give its approval of proposed tenant's qualifying income status and rental rate, prior to the tenant's occupancy. Applicant or any successor -in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents, and THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.16
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income certification to ensure compliance. Voluntary removal of the housing restriction or violation of the restriction shall be enforced by the City's Housing and Neighb orhood Services Bureau and shall require the applicant or any successor -in-interest to pay the then applicable Fire Facilities Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorney s' fees and costs of enforcement, if applicable.
f. The installation of a replacement mobile home on a lot or other such site when a Fire Facilities Impact Fee for such mobile home site has previously been paid pursuant to this chapter, or where a mobile hom e legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.
3. Other construction work. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:
a. The alteration, remodeling, rehabilitation, or other improvements or modifications to existing buildings or structures.
b. The rebuilding of existing buildings or structures destroyed by fire, flood, earthquake or other acts of God.
c. The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirements.
d. The rehabilitation or replacement of existing buildings or structures destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.
B. Credits. Any applicant whose development is located within a Community Facilities District (CFD), and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the development impact fees established by this chapter.
18.16.120 – Appeals.
A. An applicant may appeal, by protest, any impositi on of the Fire Facilities Impact Fee by filing a notice of appeal with the City Clerk within ninety (90) days after the applicant pays the required fee.
B. A valid appeal by protest of the imposition of the Fire Facilities Impact Fee shall meet all of th e following requirements:
1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;
2. Serving written notice on the City including:
a. A statement that the required payment has been tendered under protest or that required conditions have been satisfied;
b. A statement informing the City of the factual elements of the dispute and the legal theory forming the basis of the protest;
c. The name and address of the applicant;
d. The name and address of the property owner;
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e. A description and location of the property;
f. The number of residential units or nonresidential gross floor area proposed, by land use or dwelling unit type, as appropriate; and
g. The date of issuance of the building permit.
C. The City Council shall schedule a hearing and render a final decision on the applicant's appeal within sixty (60) days after the date the applicant files a valid appeal.
D. The City Council hearing shall be administrati ve. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.
E. The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the Fire Facilities Impact Fee pursuant to the express terms of this chapter and applicable State law.
F. If the Fire Facilities Impact Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Fire Facilities Impact Fee calculated to be due, the application for the building permit or mobile home construction approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the colle ction of the Fire Facilities Impact Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.
G. Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.16.130.
18.16.130 – Judicial review.
A. Any judicial action or proceeding to attack, review, set aside , void or annul the ordinance codified in this chapter, or any provision thereof, or resolution, or amendment thereto, shall be commenced within ninety (90) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.
B. Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Fire Facilities Impact Fee on a development shall be preceded by a valid appeal by protest pursuant to Section 18.16.120 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of process effected within ninety (90) days after the hearing on appeal regarding the imposition of a Fire Facilities Impact Fee upon the development.
18.16.140 – Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the Fire Chief shall evaluate progress in implementation of the Fire Facilities Impact Fee program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006 incorporating among other things:
1. The fire facilities, apparatus, and equipment commenced, purchased or completed utilizing monies from the Fire Facilities Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Fire Facilities Impact Fees in the fund; and
4. Recommended changes to the Fire Facilities Impact Fee, including, but not necessarily limited to, changes in the Fire Facilities Impact Fee chapter or fee-setting resolution.
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B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this chapter or the fee -setting resolution implementing this chapter. Cha nges to the Fire Facilities Impact Fee rates or schedules may be made by amending the fee-setting resolution. Any change which increases the amount of the Fire Facilities Impact Fee shall be adopted by the City Council only after a noticed public hearing.
Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this chapter or the fee-setting resolution establishing Fire Facilities Impact Fee rates or schedules at such other times as may be deemed necessary.
18.16.150 – Effect of Fire Facilities Impact Fee on zoning and subdivision regulations.
This chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of building s, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development.
18.16.160 – Violation—Penalty.
A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this chapter.
18.16.170 – Severability.
If any section, phrase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, s uch portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof.
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CHAPTER 18.17 TRANSPORTATION IMPROVEMENT FEE
18.17.010 – Short title.
18.17.020 – Purpose.
18.17.030 – Affected area—Designation of subareas.
18.17.040 – Definitions.
18.17.050 – Transportation Improvement Fee requirements—Imposition—Collection.
18.17.055 – Transportation Demand Management Measure requirements.
18.17.060 – Amount of Transportation Improvement Fee.
18.17.070 – Calculation of Transportation Improvement Fee.
18.17.080 – Collection of Transportation Improvement Fee.
18.17.090 – Establishment of Transportation Improvement Fee account.
18.17.100 – Limitation on use of funds derived from Transportation Improvement Fees.
18.17.110 – Credits.
18.17.120 – Refunds.
18.17.130 – Exemptions.
18.17.140 – Accounting and audits.
18.17.150 – Appeals.
18.17.160 – Judicial review.
18.17.170 – Annual report and amendment procedures.
18.17.180 – Effect of Transportation Improvement Fee on zoning and subdivision regulations.
18.17.190 – Transportation Improvement Fee as additional and supplemental requirement.
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CHAPTER 18.17
TRANSPORTATION IMPROVEMENT FEE
18.17.010 – Short title.
This chapter shall be known and cited as the Long Beach Transportation Improvement Fee Ordinance or as the Transportation Fee Ordinance. The fees imposed pursuant to this chapter shall be kno wn as "Transportation Improvement Fees."
18.17.020 – Purpose.
A Transportation Improvement Fee is imposed on new development in the City for the purpose of assuring that the transportation level of service goals of the City as set forth in the traffic m itigation program are met with respect to the additional demands placed on the transportation system by traffic generated from such development.
18.17.030 – Affected area—Designation of subareas.
A. This chapter shall be applicable to all new developmen t in the City including the planned development central business district (CBD) area of the City, except as otherwise provided herein.
B. In the CBD area of the City, Transportation Improvement Fees shall be imposed on all commercial development, including, but not limited to, office, retail, hotel and movie theaters, as set forth in the fee setting resolution adopted by the City Council pursuant to this chapter.
C. Citywide, Transportation Improvement Fees shall be imposed on all residential development and on all industrial development as set forth in the fee setting resolution adopted by the City Council pursuant to this chapter.
D. Citywide, but excluding the CBD area of the City, Transportation Improvement Fees shall be imposed on all commercial development including, but not limited to, office, retail, hotel and movie theaters, as set forth in the fee setting resolution adopted by th e City Council pursuant to this chapter.
18.17.040 – Definitions.
For purposes of this chapter, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilize d in this chapter are not defined herein, but are defined in Title 18 or Title 21, such words and terms shall have the meanings stated therein.
"Accessory use" is as defined in Section 21.15.060.
“Accessory use, residential” is as defined in Section 21.15.063. An accessory residential unit which exceeds two hundred twenty (220) square feet of residential dwelling space shall be classified as a single-family dwelling unit for purposes of application of the Transportation Improvement Fee.
"Applicant" means the owner of property, or owner's authorized agent for which a request for development approval is received by the City.
"Central Business District" or “CBD” area or planned development Central Business District area means the area of the City as delineated on Exhibit 1 and which is coterminous with the planned development CBD area as defined in the City’s general plan land use element.
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EXHIBIT 1
CENTRAL BUSINESS DISTRICT AREA
"Certificate of Occupancy" means the official City certification, issued pursuant to Chapter 18.08, that all or a portion of the building, structure or addition is approved for use or occupancy by a tenant, owner or occupant . For purposes of this chapter, Certificate of Occupancy and Temporary Certificate of Occupancy, whichever comes first, shall be considered synonymous.
"City-wide" means the entire area of the City including the CBD area.
"Collection" means the point in time at which the Transportation Improvement Fees are paid by the applicant. Collection will generally occur at and as a condition precedent to the issuance of the Certificate of Occupancy.
"Commitment" means the earmarking of Transportation Improvement Fees collected to fund or partially fund or to retire debt issued for the funding of transportation improvements serving residential and nonresidential development.
"Demand" means the portion of transportation capacity that development will consume measured in PM peak hour trips.
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"Development" means residential and /or nonresidential developments to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit for such construction, reconstruction or use.
"Development approval" m eans tentative map approval, parcel map approval, or site plan approval if the imposition of the Transportation Improvement Fee could lawfully have been imposed at such time or, building permit issuance if the Transportation Improvement Fee could not be la wfully imposed at tentative map, parcel map or site plan approval.
"Dwelling unit" or "DU" is as defined in Section 21.15.910.
"Fee-setting resolution" means the City resolution specifying the Transportation Improvement Fee per dwelling unit for residen tial development and per gross floor area for nonresidential development, by type and by location. The Transportation Improvement Fees set forth in the fee -setting resolution may be revised pursuant to Section 18.17.060 and applicable State law.
"Gross floor area " means the construction of new floor area (in square feet) of a nonresidential development enclosed by the exterior building walls of each story, the floor below and ceiling or roof above, excluding dwelling units and parking facilities.
"Highway Capacity Manual" means and refers to the report entitled Highway Capacity Manual, Special Report 209 (Transportation Research Board, 1985) or as thereafter amended.
"Imposition" means the determination that the Transportation Improvement Fee is applicable to the development and the attachment of the Transportation Improvement Fee as a specific condition of development approval.
"ITE Tip Generation Manual" means the informational report entitled "Trip Generation" by the Institute of Transportation Engineers, Fourth Edition, 1987, or as thereafter amended.
"Level of Service" or “LOS” means an indicator of the extent or degree of service provided by, or proposed to be provided by, a transportation improvement based upon the relationship of traffic volume to road capacity and related to the operational characteristics of the road as measured by standards set forth in the Highway Capacity Manual.
"Long Beach Transportation Study (1989)" means the study performed for the City by Barton-Aschman Associates, Inc., and including Volume I -Traffic, Volume Il-Parking, Volume Ill-Transit, and the Report on the Allocation of Transportation Improvement Costs, which collectively fo rm the basis for travel demand forecasts and transportation improvement plans and recommendations.
"Mixed use" is as defined in Section 21.15.1760.
"Nonresidential development" means a development undertaken for the purpose of constructing gross floor a rea that includes, but is not limited to , commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction.
"Parking facility" means a building or structure, or portion thereof, tha t provides parking spaces for vehicles, and which may include, but is not limited to, the ancillary facilities such as sidewalks, drainage area, lighting, landscaping, striping, exits and entrances, signage, waiting areas and other related areas or uses as determined by the Director.
"PM peak hour" means a one -hour period of time between 4:00 p.m. and 6:00 p.m., when the development generates the maximum number of trips.
"PM peak hour trips" means the total number of trips generated by a development during the p.m. peak hour.
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"Principal use" is as defined in Section 21.15.2170.
"Residential development" means a development undertaken for the purpose of (i) constructing a dwelling unit or units or (ii) the alteration or change of use of an existing building or structure that results in new dwelling unit or units and involving the issuance of a building permit for such construction, reconstruction or use.
"Road facility" m eans the construction of a road link or intersection which expands capacity to accommodate additional traffic, and which may include but is not limited to the installation of ancillary facilities such as sidewalks, curbs, gutters, traffic signals, traffic signs, lighting, landscaping, striping, medians, turn lanes and other project-related improvements.
"Secondary housing unit" is as defined and regulated in Sections 21.15.2400 and 21.51.275. A secondary housing unit which exceeds six hundred forty (640) square feet of residential dwelling space shall be classified as a standard dwelling unit for purposes of application of the Transportation Improvement Fee.
"Senior citizen housing" is as defined in Section 21.15.2430. The applicant shall be required to guarantee the units shall be maintained for senior citizen housing whether rented, leased, sold, conveyed or otherwise transferred, for the lesser of a period of thirty (30) years or the actual life or existence of the building or structure, including any addition, renovation or remodeling thereto. The guarantee shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City. The document shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The applicant shall comply with the maintenance of the units for senior citizen housing according to the procedures of the Housing and Neighborhood Services Bureau. The Housing and Neighborhood Services Bureau shall establish a process for monitoring any applicant for any successor-in-interest shall be required to provide annually, or as requested, proof of compliance.
"Traffic mitigation program of Long Beach" or "traffic mitigation program" means and refers to the City's long range strategic and financing plan for transportation improvements as adopted by resolution of the City Council.
"Transit facility" means the p urchase of buses and/or the construction of an improvement ancillary to the operation of the Long Beach bus system and, which may include but is not limited to, the installation of facilities such as bus shelters, bus turn lanes, lighting, landscaping, sig nage, and other project - related improvements.
"Transportation demand management measures" means a program designed to reduce p.m. peak hour existing work trips from a proposed development site by a minimum of twenty percent (20%).
"Transportation improv ement" means and refers to a project identified in the transportation improvement plan and involving the construction of a road facility or portion thereof, the construction of parking facilities, the construction of transit improvements, including the pur chase of buses, the construction of other project -related improvements, including, but not limited to, right -of-way and land acquisition, utility relocation, project planning, administrative, legal, engineering, and design services and project contingencies.
"Transportation Improvement Fee" means a monetary exaction imposed as a condition of development approval in order to assure the provision of transportation improvements needed to serve development within a reasonable period of time at City level of s ervice goals as set forth in the traffic mitigation program.
"Transportation improvement plan" means the identification, listing, cost and prioritization of transportation improvements necessary to meet travel demand forecasts as determined by the Director of Public Works while maintaining the City's level of service for transportation, as set forth in the traffic mitigation program.
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"Transportation services" means nonphysical, programmatic efforts to reduce traffic including, but not limited to, transportation demand management.
18.17.050 – Transportation Improvement Fee requirements—Imposition—Collection.
A. All development shall be required to pay a Transportation Improvement Fee at the time of issuance of a Certificate of Occupancy, except as other wise provided in Subsection 18.17.050.F or Section
18.17.130. The City may, prior to the issuance of a building permit for a development subject to the Transportation Improvement Fee, require that the applicant, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, execute a contract with the City to pay the applicable Transportation Improvement Fee at the time of issuance of the Certificate of Occupancy.
B. Transportation Improvement Fees shall be impose d at the time of tentative map approval, parcel map approval, site plan approval, or building permit issuance.
C. Transportation Improvement Fees shall be collected no later than at the time of issuance of a Certificate of Occupancy, except as other wise provided in Subsection 18.17.050.F.
D. Whenever a development contains more than one (1) building, the Transportation Improvement Fee shall be paid in a lump sum for all dwelling units or gross floor area in each building of the development for which a Certificate of Occupancy is sought.
E. Imposition of the Transportation Improvement Fee requirement due shall be a condition of development approval, and no tentative map, parcel map or site plan shall be approved nor shall a building permit be issued without compliance with the provisions of this chapter.
F. For nonresidential developments exceeding one hundred thousand (100,000) square feet of gross floor area, the applicant shall pay the Transportation Improvement Fee either (1) in full at issuance of the Certificate of Occupancy or (2) in four installments as set forth herein.
The first payment shall equal twenty -five percent (25%) of the total Transportation Improvement Fee owed and shall be payable at the time of the issuance of the Certificate of Occupancy. The balance of the Transportation Improvement Fee shall accrue interest at a rate equal to that earned on the City's pooled investment funds (which rate shall be published annually by the City Treasurer), and shall be paid in three (3) annual installments, commencing upon the first anniversary of the issuance of the Certificate of Occupancy for the development. The balance of the Transportation Improvement Fee may be prepaid by the applicant at any time. In the event that the applicant (or applicant's successor -in-interest) fails to pay any installment when due, the Certificate of Occupancy issued for the development may be revoked at the option of the Cit y.
Payments pursuant to the installment option and the rights and obligations of the applicant and the City shall be set forth in a contract which shall be executed at and as a condition precedent to issuance of a Certificate of Occupancy. Applicant shal l post a bond, certificate of deposit, letter of credit or other instrument acceptable to the City Attorney in an amount equal to the Transportation Improvement Fee calculated to be due and payable by installment at the time of execution of the contract. The City Council authorizes the City Manager to execute such contracts on behalf of the City.
18.17.055 – Transportation Demand Management Measure Requirements.
Transportation demand management measure requirements, where applicable, in addition to Transportation Improvement Fees shall be implemented in conjunction with Chapter 21.64.
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18.17.060 – Amount of Transportation Improvement Fee.
The Transportation Improvement Fee per p.m. peak hour trip by land use type and, where relevant, by location shall be established by fee -setting resolution of the City Council and may be amended from time to time as set forth in Section 18.17.170.
18.17.070 – Calculation of Transportation Improvement Fee.
A. The Director shall calculate the amount of the applicable Transportation Improvement Fee due as a condition precedent to the issuance of, and at any time prior to, the building permit based upon the applicable impact fee rate as specified in the fee-setting resolution.
B. The Director shall calculate the amount of the applicable Transportation Improvement Fee due by:
1. Determining the number and type of dwelling units in a residential development and multiplying the same by the Transportation Improvement Fee amount per dwelling unit as established by the fee-setting resolution.
2. Determining the gross floor area, type of use and location in a nonresidential development, and multiplying the same by the Transportation Improvement Fee amount per square feet as established by the fee-setting resolution.
3. Determining the number and type of dwelling units in the residential development portion and the gross floor area, type of use and location in the nonresidential development portion of a building or structure containing mixed uses, and multiplying the same by the Transportation Improvement Fee amount as established by the fee-setting resolution for each use.
4. Determining the gross floor area, type of use and location in a building or structure containing mixed uses that include two (2) or more principal uses in the nonresidential development, and multiplying the same by the Transportation Improvement Fee amount as established by the fee-setting resolution for each use. The gross floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use.
C. The Director shall be responsible for determining the use type of the proposed development. If the Director determines that the proposed development is not in one of the use classifications included in the fee -setting resolution or, if the applicant sub mits relevant information and documentation acceptable to the Director demonstrating that the proposed development is not in one of the use classifications included in the fee-setting resolution or is a mixed use, the Director of Public Works shall:
1. Determine whether the proposed development has trip generation characteristics similar to a listed use classification;
2. If so, that use classification shall be used in calculating the appropriate Transportation Improvement Fee;
3. If not, identify the trip generation characteristics of the proposed development and, utilizing the ITE trip generation manual, assign the proposed use to the most similar land use type listed in the manual;
4. If there are no similar land use types listed in the ITE trip generation manual, the applicant may be requested to perform, at his or her own expense, a trip generation study or may utilize other statistically valid trip generation data applicable to the proposed use.
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18.17.080 – Collection of Transportation Improvement Fee.
The Director shall be responsible for the collection of the Transportation Improvement Fee prior to the issuance of a Certificate of Occupancy unless:
A. The applicant is entitled to a full credit pursuant to Section 18.17.110; or
B. The applicant is exempt pursuant to Section 18.17.130; or
C. The applicant has taken an appeal pursuant to Section 18.17.150 and a cash deposit, letter of credit, bond or other surety in the amount of the Transportation Improvement Fee, as calculated by the Director, has been posted with the City;
D. The applicant satisfies the conditions for Transportation Improvement Fee payment by installments pursuant to Subsection 18.17.050.F.
18.17.090 – Establishment of Transportation Improvement Fee account.
The City establishes a segregated Transportation Improvement Fee subfund (hereinafter "subfund") to which all Transportation Improvement Fees collected by the Director shall be deposited. The funds of the subfund shall not be commingled with any other funds or r evenues of the City except for purposes of investment; but, provided that all such funds shall be separately accounted for. The subfund shall be interest-bearing and all interest received shall be credited to such subfund and used solely for purposes of the subfund.
18.17.100 – Limitation on use of funds derived from Transportation Improvement Fees.
A. Funds derived from payment of Transportation Improvement Fees pursuant to this chapter shall be placed in the subfund and shall be used solely and exclusi vely for the purpose of funding transportation improvements, as defined herein, and as identified in the transportation improvement plan or to reimburse the City for expenditures, advances or indebtedness incurred for the construction of transportation improvements.
B. Transportation Improvement Fees shall not be used for the provision of roadway, parking or transit improvements relating to (i) the needs of existing City residents, (ii) the enhancement of transportation improvements to provide a higher le vel of service to existing development, (iii) operation and maintenance costs associated with roadway, parking or transit improvements, (iv) repair and/or replacement of existing roadway, parking and transit improvements or (v) the provision of transportation services, as contrasted with transportation improvements.
C. The City shall commit or expend Transportation Improvement Fees deposited to the subfund within five (5) years from the date of deposit. The City shall make findings once each fiscal year w ith respect to any Transportation Improvement Fees remaining unexpended or uncommitted in the subfund five (5) or more years after the deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship bet ween the fee and the purpose for which it was charged.
18.17.110 – Credits.
A. Any applicant subject to a Transportation Improvement Fee pursuant to this chapter who constructs, escrows money with the City for the construction of, participates in an ass essment district for the construction of or who otherwise contributes funds or improvements to the City for transportation improvements, as herein defined, shall be eligible for a credit for such contribution against the Transportation Improvement Fee otherwise due.
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declaration of those facts, under oath, along with relevant docume ntary evidence which qualifies the applicant for the credit.
C. The Director of Public Works shall determine whether the proposed construction, escrow payment, assessment district or cash contribution is for a transportation improvement listed in the transportation improvements plan or for a comparable transportation improvement, and is consistent with the project priorities and timing and, if necessary, shall determine the value of the developer contribution.
D. The Director of Public Works shall forward his or her report and the credit application and supporting documentary evidence to the City Council, for a determination of Transportation Improvement Fee credit. If the City Council determines that a Transportation Improvement Fee credit is due, said decision shall be confirmed by ordinance and shall be incorporated in a contract between the applicant and the City except as otherwise provided herein.
E. No credit shall be granted in an amount exceeding the otherwise applicable Transportation Improvement Fee.
F. Credits shall be on a building -by-building basis as development approval is sought and not on a development site basis.
18.17.120 – Refunds.
A. Any applicant who has paid a Transportation Improvement Fee pursuant to this chapter may apply for a full or partial refund of same, within one (1) year after collection of the Transportation Improvement Fee for any of the following conditions:
1. A development has been modified, pursuant to appropriate City ordinances and regulations, resulting in a reduction of (i) the number of dwelling unit (s) in a residential development or portion of a residential development in a building or structure with mixed uses; and/or (ii) the gross floor area in a nonresidential development or portion of a nonresidential development in a building or structure with mixed uses.
2. A development has changed in the type of use that results in a reduction of trips generated by that use.
B. Refund applications shall be made on forms provided by the City and shall contain a declaration of those facts, under oath, along with relevant documentary evidence which qualifies the applicant for the refund. In no event may a refund exceed the amount of the Transportation Improvement Fee paid by the applicant.
C. Except as described in Subsection 18.17.120.E, upon application by the property owner the City shall refund the portions of the Transportation Improvement Fee which have been on deposit over five (5) years and which are unexpended or uncommitted. Refunds shall be made to the current record owner or owners of lots or units of the development on a prorated basis, together with accrued interest.
D. Once each fiscal year the City shall make findings identifying all unexpended or uncommitted Transportation Improvement Fees in the subfund.
E. With respect to Transportation Improvement Fees unexpended or uncommitted five (5) years after deposit in the subfund, the City may make findings to identify the purpose to which the Transportation Improvement Fee is to be put and to demonstrate a reasonab le relationship between the Transportation Improvement Fee and the purpose for which it was charged. If the City makes such findings, the Transportation Improvement Fees are exempt from the refund requirement. The findings need only be made with respect to funds in the possession of the City THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.17
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and need not be made with respect to letters of credit, bonds or other instruments taken to secure payment of Transportation Improvement Fees at a future date.
F. The City shall refund the unexpended or uncommitted portion of Transportation Improvement Fees by direct payment, by providing a temporary suspension of Transportation Improvement Fees for subsequent development projects of developers entitled to the refund, or by any other means consistent with the intent of this section. The determination by the City Council of the means by which revenues are to be refunded is a legislative act.
G. If the City finds that the administrative costs of refunding the unexpended or uncommitted Transportation Improvement Fees exc eed the amount to be refunded, the City, after a public hearing, notice of which has been published in accordance with State law and posted in three (3) prominent places within the area of each development subject to a refund, may determine that the funds shall be allocated for other transportation improvements of the type for which the Transportation Improvement Fees were collected and which serve the development.
18.17.130 – Exemptions.
The following uses and types of development specified in this section are exempt from the payment of Transportation Improvement Fees.
A. Nonresidential development.
1. Construction of new nonresidential buildings or structures or addition to existing nonresidential buildings or structures of three thousand (3,000) square feet or less of gross floor area.
2. Nonresidential uses that generates ten (10) or fewer PM peak hour trips pursuant to the ITE Trip Generation Manual.
3. Parking facilities.
B. Residential development. The exemption provided herein shall not apply to residential tract development, residential development of more than one (1) unit per lot, or to the replacement of a single-family dwelling with more than one (1) dwelling unit.
1. The construction, replacement or rebuilding of a single -family dwelling (one unit per lot) on an existing lot of record.
2. The moving and relocation of an existing single -family dwelling from one (1) lot within the City to another lot within the City.
3. The legalization of an illegal dwelling unit existing prior to January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 2 1.25.403.D.
4. The replacement of a mobile home with another mobile home on the same pad or foundation.
5. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code or “moderate income household” as defined in Section 50093 of the Health and Safety Code . This exemption shall require the applicant to execute an agreement to guarantee the units shall be maintained for very low, lower or moderate –income hou seholds whether as units for rent or for sale or transfer, for the lesser of a period of fifty-five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the form of a deed restriction, second trust deed, or other legal ly binding and enforceable THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.17
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document acceptable to the City Attorney and shall bind the owner and any successor -in- interest to the real property being developed. The agreement shall subordinate, if required, to any State or Federal program providing afforda ble housing to very low, lower or moderate - income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a building permit. The Housing and Neighborhood Services Bureau shall be notified of pending transf ers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The Housing and Neighborhood Services Bureau shall be notified of pending rentals and give its approval of proposed tenant' s qualifying income status and rental rate, prior to the tenant's occupancy.
Applicant or any successor -in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents, and income certification to i nsure compliance. Voluntary removal of the housing restriction or violation of the restriction shall be enforced by the Director and shall require the applicant or any successor-in-interest to pay the then applicable Transportation Improvement Fee at the t ime of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement if applicable.
C. Other construction work. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:
1. The alteration, remodeling, rehabilitation, or other improvements or modifications to existing buildings or structures;
2. The rebuilding of existing buildings or structures destroyed by an act of God;
3. The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirement; or
4. The rehabilitation or replacement of existing buildings or structure s destroyed by imminent public hazard, acts of t errorism, sabotage, vandalism, warfare or civil disturbance ; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.
18.17.140 – Accounting and audits.
A. For each subfund established pursuant to Section 18.17.090, the City shall, within sixty (60) days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year, and the Transportation Improvement Fees, interest and other income and the amount of expenditures by public facility and the amount of refunds made during the fiscal year.
The City Council shall review this information at the next regularly scheduled public meeting not less than fifteen (15) days after the availability of the information required hereby.
B. Any applicant may request an audit of the Transportation Improvement Fee in order to determine whether the fee exceeds the amount reasonably necessary to provide the transportation improvements to serve development at the level of service set forth in the traffic mitigation program.
Upon such request for an audit, the City Council may request the City auditor to conduct an audit to determine whether the Transportation Improvement Fee is reaso nable. Any costs incurred by the City in having an audit conducted may be recovered from the applicant who requests the audit.
18.17.150 – Appeals.
A. An applicant may appeal, by protest, any imposition of the Transportation Improvement Fee by filing a notice of appeal with the City Clerk at any time prior to, but in no case later than ninety (90) days after, the applicant pays the required fee.
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B. A valid appeal by protest of the imposition of the Transportation Improvement Fee shall meet both of the following requirements:
1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;
2. Serving written notice on the City including:
a. A statement that the required payment has been tendered under protest or that required conditions have been satisfied,
b. A statement informing the City of the factual elements of the dispute an d the legal theory forming the basis of the protest;
c. The name and address of the applicant,
d. The name and address of the property owner,
e. A description and location of the property,
f. The number of residential units or nonresidential gross floor area proposed, by land use or dwelling unit type, as appropriate, and
g. The date of imposition of the Transportation Improvement Fee upon the development.
C. The City Council shall schedule a hearing and render a final decision on the applicant's appeal within one hundred sixty (160) days after the date the applicant files a valid appeal.
D. The City Council hearing shall be administrative. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.
E. The burden of proof shall be on the applicant to establish that the applicant is not subject to imposition of the Transportation Improvement Fee pursuant to the express terms of this chapter and applicable State law.
F. If the Transportation Improvement Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Transportation I mprovement Fee calculated to be due, the application for development approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the Transportation Improvement Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.
G. If as a result of an appeal pursuant to this section or judicial review pursuant to Section 18.17.160, a Transportation Improvement Fee is reduced or waived, the City Council may determine whether and how such reduction or waiver may impact the Transportation Improvement Fee calculation methodology. If the City Council determines that transportation improvement needs are correspondingly reduced, the City Council may amend the Transportation Improveme nt Fee calculation methodology, the applicable Transportation Improvement Fee, or take such other action as it may deem appropriate. If the City Council determines that transportation improvement needs remain the same, the City Council shall appropriate fu nds in an amount equal to the reduction or waiver of Transportation Improvement Fees and shall deposit same to the subfund or take such other action as it may deem appropriate.
H. Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.17.160.
18.17.160 – Judicial review.
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A. Any judicial action or proceeding to attack, review, set aside, void or annul the ordinance codified in this chapter, or any provision thereof, or resolution, or amendment thereto, shall be commenced within one hundred twenty (120) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.
B. Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Transportation Improvement Fee on a development shall be preceded by a valid appeal by protest pursuant to Section 18.17.150 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of process effected within one hundred eighty (180) days after thehearing of appeal regarding imposition of the Transportation Improvement Fee upon the development.
18.17.170 – Annual report and amendment procedures.
A. At least once each year the Director of Public Works shall evaluate progress in implementation of the transportation improvement plan and the Transportation Improvement Fee and shall prepare a report thereon to the City Council incorporating:
1. The total amount of development granted development approval in the City by type;
2. The estimated increase in PM peak hour trips generated by approved development;
3. The transportation improvements completed relative to the improvements listed in the transportation improvement plan;
4. The amount of Transportation Improvement Fees in the subfund; and
5. Recommended changes to the Transportation Improvement Fee, including but not necessarily limited to, changes in the transportation improvement plan and change s in the Transportation Improvement Fees chapter or fee-setting resolution.
B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this chapter or the fee -setting resolution implementing this chapter. Changes to Transportation Improvement Fee rates or schedules may be made by amending the fee -setting resolution. Any change which increases the amount of the Transportation Improvement Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this chapter, the Long Beach Transportation Study (1989), the traffic mitigation program, the transport ation improvement plan, or the fee -setting resolution establishing Transportation Improvement Fee rates or schedules at such other times as may be deemed necessary.
18.17.180 – Effect of Transportation Improvement Fee on zoning and subdivision regulation s.
This chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buil dings, which may be imposed by the City pursuant to the zoning ordinance, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development.
18.17.190 - Transportation Improvement Fee as additional and supplemental requirement.
The Transportation Improvement Fee imposed by this chapter is a fee imposed on residential and nonresidential development reflecting its proportionate share of the cost of providing transportation improvements necessary to meet the demand created by such d evelopment at City level of service goals as set forth in the traffic mitigation program. As such, the Transportation Improvement Fee is THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.17
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additional and supplemental to, and not in substitution of, either on -site transportation improvement requirements or off-site transportation improvement requirements necessary to provide access to the development, which may be imposed by the City pursuant to zoning, subdivision and other City ordinances and regulations. In no event shall an applicant for development appro val be obligated to pay a Transportation Improvement Fee in excess of that calculated pursuant to this chapter.
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CHAPTER 18.18 PARK AND RECREATION FACILITIES FEE
18.18.010 – Short title.
18.18.020 – Purpose.
18.18.030 – Definitions.
18.18.040 – Requirement.
18.18.050 – Amount of Park Fee.
18.18.060 – Calculation of applicable Park Fee.
18.18.070 – Collection of Park Fee.
18.18.080 – Establishment of Park Fee account.
18.18.090 – Limitation on use of funds derived from Park Fees.
18.18.100 – Credits.
18.18.110 – Refunds.
18.18.120 – Exemptions.
18.18.130 – Audits.
18.18.140 – Appeals.
18.18.150 – Judicial review.
18.18.160 – Amendment procedures.
18.18.170 – Effect of Park Fee on zoning and subdivision regulations.
18.18.180 – Park Fee as additional and supplemental requirement.
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CHAPTER 18.18
PARK AND RECREATION FACILITIES FEE
18.18.010 – Short title.
This chapter shall be known and cited as the "Long Beach Park and Recreation Facilities Impact Fee Ordinance." The fees imposed pursuant to this chapter shall be known as "Park Fees."
18.18.020 – Purpose.
A Park Fee is hereby imposed on new residential development for the purpose of assuring that the park land and recreational facility standards established by the City are met with respect to the additional needs created by such development.
18.18.030 – Definitions.
For purposes of this chapter, the w ords and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilized in this chapter are not defined herein, but are defined in Title 18 or Title 21, such words and terms shall have the meanings stated therein.
"Accessory use, residential" is a dwelling unit as identified in Section 21.15.063. An accessory residential unit which exceeds two hundred twenty (220) square feet of residential dwelling space shall be classified as a single -family, duplex or multifamily dwelling unit for purposes of application of the Park Fee.
"Applicant" means the property owner, or duly designated agent of the property owner, of land on which a request for development approval is received by the City.
"Certificate of Occupancy" means the official City certification, issued pursuant to Chapter 18.08, that all portion of the building, structure or addition is approved for use or occupancy by a tenant, owner or occupant. For purposes of this c hapter, Certificate of Occupancy and Temporary Certificate of Occupancy, whichever comes first, shall be considered synonymous.
"Collection" means the point at which the Park Fee due is collected from the applicant. Collection will generally occur at and as a condition precedent to the issuance of the Certificate of Occupancy.
"Commitment" means the earmarking of Park Fees collected to fund or partially fund or to retire debt issued for the funding of park land acqu isition or recreation improvements serving residential development.
"Development approval" means tentative map or parcel map approval if the imposition of the Park Fee could lawfully have been imposed at such time or, building permit issuance if Park Fee s could not be lawfully imposed at tentative map or parcel map approval.
"Dwelling unit" or "DU" is as defined in Section 21.15.910.
"Duplex" means a building containing two dwelling units.
"Imposition" means the determination that the Park Fee is applicable to the residential development project and the attachment of the Park Fee requirement as a specific condition of development approval.
"Mobile home" is as defined in Section 21.15.1770.
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"Multifamily" means a permanent building designed for or occupied by three (3) or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels, motels, communal housing, residential care facilities or convalescent hospitals.
"Park Fee" means a monetary exaction imposed as a condition of development approval in connection with a residential development project in order to fund and to assure the provision of park land and recreation improvements needed to serve such development at established City service level standards within a reasonable period of time.
"Park land" means land used or to be used or acquired or to be acquired for use as a City park or open space or property owned by anoth er public entity, such as a public school site, which is improved by the City and designated to meet City park land and recreation improvement needs related to projected residential development.
"Recreation improvement" means the construction of faciliti es, including, but not limited to, soccer fields, softball fields, lighting, landscaping, bicycle paths, tennis courts, indoor recreational space and related facilities, the expenditure of funds for such facilities and improvements incidental thereto, and the expenditure of funds for the planning, design and engineering of such facilities and improvements and utility relocation ancillary thereto and designed to meet City park land and recreation improvement needs related to projected residential development.
"Residential development " means any development undertaken for the purpose of (i) constructing a dwelling unit or units or (ii) the alteration or change of use of an existing building or structure that results in new dwelling unit or units and involvi ng the issuance of a building permit for such construction, reconstruction or use.
"Secondary housing unit" is as defined and regulated in Sections 21.15.2400 and 21.51.275. A secondary housing unit which exceeds six hundred forty (640) square feet of residential dwelling space shall be classified as a single -family, duplex or mu ltifamily dwelling unit for purposes of application of the Park Fee.
"Single-family dwelling" means a residential unit designed and intended for occupancy by one (1) family as defined in Section 21.15.2410.
18.18.040 – Requirement.
A. All residential development shall be required to pay a Park Fee prior to the issuance of a Certificate of Occupancy. The City may, prior to the issuance of a building permit for a residential development subject to the Park Fee, require that the applicant, as a condition of issuance of the building permit execute a contract with the City to pay the applicable Park Fee prior to issuance of the Certificate of Occupancy.
B. Park Fees shall be imposed, where possible, at the time of tentative map approval, parcel map approval or site plan approval of a residential development.
C. Park Fees shall be collected prior to the issuance of a Certificate of Occupancy for a residenti al development.
D. Whenever a residential development contains more than one (1) dwelling unit, the Park Fee shall be paid in a lump sum for all dwelling units in each phase of a residential development for which a Certificate of Occupancy is sought.
E. Payment of the Park Fee due shall be a condition of development approval of all residential developments, and no tentative map or parcel map or site plan shall be approved nor shall a building permit be issued without compliance with the provisions of this chapter.
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F. The Park Fee requirement shall not apply to applicants who have a valid building permit o n the effective date of the ordinance codified in this chapter.
18.18.050 – Amount of Park Fee.
A. The Park Fee per dwelling unit, by type, shall be established by resolution of the City Council and may be amended from time to time as set forth in Section 18.18.160.
B. The fees established by this chapter shall be revised annually by means of an automatic adjustment based on the average percentage change over the previous calendar year in the Construction Cost Index for the Los Angeles metropolitan are a. The first fee adjustment shall not be made before October 1, 2008. The fees, as adjusted annually, shall be compiled by the Department of Parks, Recreation and Marine, and shall be included in an annual report to the City Council pertaining to the Park Fee. The annual report shall be presented to the City Council by August 1st of each year, and fee adjustments shall be effective on October 1st of each year. The continued validity of the fee calculation methodology and the automatic adjustment shall be ev aluated by a Nexus Study which shall be presented to the City Council for its consideration and action every five (5) years, commencing with the annual report due on or before August 1, 2012.
18.18.060 – Calculation of applicable Park Fee.
The Director shall calculate the amount of the applicable Park Fee due as a condition precedent to the issuance of, and at any time prior to, the building permit by determining the number and type of dwelling units in the proposed residential development and multiplyin g same by the Park Fee amount per dwelling unit, by type, as established by City Council resolution.
18.18.070 - Collection of Park Fee.
The Director shall be responsible for the collection of the Park Fee and as a condition precedent to the issuance of a Certificate of Occupancy unless:
A. The applicant is entitled to a full credit pursuant to Section 18.18.100;
B. The applicant is exempt pursuant to Section 18.18.120; or
C. The applicant has taken an appeal pursuant to Section 18.18.140 and a bond or other surety in the amount of the fee, as calculated by the Director, has been posted with the City.
18.18.080 – Establishment of Park Fee account.
The City hereby establishes a segregated Park Fee trust fund account (hereinafter "account") to which all Park Fees collected by the Director shall be posted. The funds of the account shall not be commingled with any other funds or revenues of the City and all such funds shall be accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of the account.
18.18.090 – Limitation on use of funds derived from Park Fees.
A. Funds derived from payment of Park Fees pursuant to this chapter shall be placed in the account and shall be used solely and exclusively for the purpose of funding park land acquisition and recreation improvements, as defined herein, and as identified in the Park Fee report, or to reimburse the City for expenditures, advances or indebtedness incurred for the acquisition of park land or construction of recreation improvements, as defined herein or identified in the Park Fee report. Park Fees shall not be used for the provision of park land or recreation improvements, as defined herein, and as identified in the Park Fee report, or to reimburse the City for expenditures, advances or indebtedness incurred for the acquisition of park land or construction of recreation improvements, as defined herein or identified in the Park Fee report. Park Fees shall not be used THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.18
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for the provision of park land or recreation improvements relating to (i) the needs of existing City residents, (ii) the enhancement of park and recreation facilities to pr ovide a higher level of service to existing City residents, (iii) operation and maintenance costs associated with City park and recreation facilities, (iv) repair and/or replacement of existing park and recreational facilities, or (v) the provisions of recreational services and programming.
B. The City shall commit or expend Park Fees deposited to the account within five (5) years from the date of deposit.
18.18.100 – Credits.
A. Any applicant subject to a Park Fee pursuant to this chapter who construct s, escrows money with the City for the construction of, agrees to participate in an assessment district for the construction of or who otherwise contributes funds or improvements to the City for the acquisition of park land or the construction of recreatio n improvements as herein defined, may be eligible for a credit for such contribution against the Park Fee otherwise due.
B. Credit applications shall be made on forms provided by the City and, whenever possible, shall be submitted at or before the time o f building permit issuance. The application shall contain a declaration of those facts, under oath, along with relevant documentary evidence which qualifies the applicant for the credit.
C. The Director of Parks, Recreation and Marine shall determine whe ther the proposed construction, escrow payment, assessment district or cash contribution is for a recreation improvement listed in the Park Fee report and is consistent with the project priorities and timing and, if necessary, shall determine the value of the developer contribution.
D. The Director of Parks, Recreation and Marine shall forward his or her report and the credit application and supporting documentary evidence to the City Council, for a determination of Park Fee credit. If the City Council de termines that a Park Fee credit is due, said decision shall be confirmed by ordinance and shall be incorporated in a contract between the applicant and the City.
E. No credit shall be granted in an amount exceeding the otherwise applicable Park Fee.
18.18.110 – Refunds.
A. Any applicant who has paid a Park Fee pursuant to this chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Park Fee the residential development has been modified, pursuant to appropriate City ordinances a nd regulations, resulting in a reduction in the number of dwelling units, a change in the type of dwelling units or the applicability of an exemption pursuant to Section 18.18.120. Refund applications shall be made on forms provided by the City and shall c ontain a declaration of those facts, under oath, along with relevant documentary evidence which qualifies the applicant for the refund. In no event may a refund exceed the amount of the Park Fee actually paid.
B. Once each fiscal year the City shall make findings identifying all unexpended or uncommitted fees in the account.
C. Except as described in Subsection 18.18.110.D, upon application of the property owner the City shall refund the portions of any impact fee which have been on deposit over five (5) years and which are unexpended or uncommitted. Refunds shall be made to the current record owner or owners of the development on a prorated basis, together with accrued interest.
D. With respect to fees unexpended or uncommitted within five (5) years of deposit in the Park Fee account, the City may make findings to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
If the City makes such findings, the fees are exempt from the refund requirement.
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E. The City may refund the unexpended or uncommitted portion of Park Fees by direct payment, by offsetting such refunds against other Park Fees due for residential development on the subject property, or by other means subject to agreement by the property owner.
F. If the City finds that the administrative costs of refunding the unexpended or uncommitted Park Fees exceeds the amount to be refunded, the City, after a public hearing, notice of which has been published in accordance with State law and posted in three (3) prominent places within the area of each residential development subject to a refund, may determine that the funds shall be allocated for other park land acquisition or recreation improvement proje cts of the type for which the Park Fees were collected and which serve the residential development.
18.18.120 - Exemptions.
The following uses and types of residential development are exempt from the payment of Park Fees:
A. If the applicant is proposing to replace an existing legal dwelling unit or units with an equal or greater number of units on the same lot, then the fee will be paid only for the number of new dwelling units that exceed the number of the existing legal dwelling units on that lot. A dwelling unit shall be considered existing if it is a legal dwelling unit as defined in Section 21.15.910 (or any successor section thereto) and it existed on the lot within twelve (12) months prior to the application for a building permit for the replacement unit or units.
B. The placement or installation of a replacement mobile home as defined in Section 21.15.1770 (or any successor section thereto) on a separate lot, mobile home park space or pad when a park and recreation facilities fee for such lot or space has been previously paid pursuant to this chapter; or when a mobile home legally existed on such park space or pad wit hin twelve (12) months prior to construction approval for the replacement mobile home.
C. The relocation of existing legal dwelling units from one location in the City to another .
D. The legalization of an existing illegal dwelling unit existing prior t o January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 21.25.403.D (or any successor section thereto).
E. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code or “moderate income household” as defined in Section 50093 of the Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee the units shall be maintained for very low, lower and moderate -income households whether as units for rent or for sale or transfer, for the lesser of a period of fifty-five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor -in-interest to the real property being developed. The agreement shall subordinate, if required, to any State or Federal program providing affordable housing to very low, lower or moderate -income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The City's Housing and Neighborhood Services Bureau shall be notified of pending transfers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The City's Housing and Neighborhood Services Bureau shall be notified of pending rentals and give its approval of proposed tenant's qualifying income sta tus and rental rate, prior to the tenant's occupancy. Applicant or any successor -in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents, and income certification to insure compliance. Volun tary removal of the housing restriction or violation of the restriction shall be enforced by the Director and shall require the applicant or any successor -in- THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.18
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interest to pay the then applicable Park Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement if applicable.
F. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:
1. The alteration, remodeling, rehabilitation, or other improvements or modifications to existing buildings or structures.
2. The rebuilding of existing buildings or structures destroyed by an act of God.
3. The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirement.
4. The rehabilitation or replacement of existing buildings or structure s destroyed by imminent public hazard, acts of terro rism, sabotage, vandalism, warfare or civil disturbance ; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.
18.18.130 – Audits.
Any person may request an audit of the Park Fee in order to determine whether the Park Fee exceeds the amount reasonably necessary to provide the park land acquisition and recreation improvements to serve new residential development at the City's established service level standards. Upon such request for an audit, the City Council may retain an independent auditor to conduct an audit to determine whether the Park Fee is reasonable. Any costs incurred by the City in having the audit conducted by an independent auditor may be recovered from the person who requests the audit.
18.18.140 – Appeals.
A. An applicant may appeal, by protest, any imposition of the Park Fee by filing a notice of appeal with the City Clerk at any time prior to, and in no case later than ninety (90) days after , the applicant pays the required fee.
B. A valid appeal by protest of the imposition of the Park Fee shall meet both of the following requirements:
1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;
2. Serving written notice on the City including:
a. A statement that the required payment has been tendered under protest or that required conditions have been satisfied,
b. A statement informing the City of the factual elements of the dispute and the legal theory forming the basis of the protest,
c. The name and address of the applicant,
d. The name and address of the property owner,
e. A description and location of the property,
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g. The date of imposition of the Park Fee upon the residential development.
C. The City Council shall schedule a hearing and render a final decision on the applicant's appeal within one hundred sixty (160) days after the date the applicant files a valid appeal.
D. The City Council hearing shall be administrative. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.
E. The burden of proof shall be on the applicant to establish that the applicant is not subject to imposition of the Park Fee pursuant to the express terms of this chapter and applicable State law.
F. If the Park Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Park Fee calculated to be due, the application for development approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the Park Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.
G. If as a result of an appeal pursuant to this section or judicial review pursuant to Section 18.18.150, a Park Fee is reduced or waived, the City Council may determine whether and how such reduction or waiver may impact the Park Fee calculation methodology. If the City Council determines that park and recreation needs are correspondingly reduced, the City Council may amend the Park Fee calculation methodology, the applicable Park Fee, or take such other action as it may deem appropriate. If the City Council determines that park and recreation needs remain the same, the City Council shall appropriate funds in an amount equal to the reduction or waiver of Park Fees and shall deposit same to the subfund or take such other action as it may deem appropriate.
H. Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.18.150.
18.18.150 – Judicial review.
A. Any judicial action or proceeding to attack, review, set aside, void or annul the ordinance codified in this chapter, or any provision thereof, or amendment thereto, shall be commenced within one hundred twenty (120) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.
B. Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Park Fee on a development shall be preceded by a valid appeal by pr otest pursuant to Section
18.18.140 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of process effected within one hundred eighty (180) days after the hearing of appeal regarding the imposition of the Park Fee upon the development.
18.18.160 – Amendment procedures.
At least once every year after the first year that this chapter has been effective, prior to City Council adoption of the annual budget and capital improvements program, staff shall prepare a rep ort to the City Council on the subject of impact fees and shall incorporate:
A. Recommendations on amendments, if appropriate, to this chapter or to resolutions establishing impact fee amounts.
B. Proposed changes to the Park Fee report identifying capital improvements to be funded by impact fees.
C. Proposed changes in the impact fee calculation methodology or variables pertaining thereto.
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D. Proposed changes to impact fee rates or schedules. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend this chapter and resolutions establishing impact fee rates or schedules. Changes t o the impact fee rates or schedules may be made by resolution. Any change which increases the amount of the fee shall be adopted by the City Council after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend this chapter, the Park Fee report or resolutions establishing impact fee rates or schedules at such other times as may be deemed necessary.
18.18.170 – Effect of Park Fee on zoning and subdivision regulations.
This chapter shall not affect, in any mann er, the permissible use of property, density of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the zoning ordinance, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such residential development projects.
18.18.180 – Park Fee as additional and supplemental requirement.
The Park Fee imposed by this chapter is a fee imposed on residential development projects reflecting its proportionate share of the cost of providing park land and improvements necessary to meet the needs created by such development at established City service level standards. As such, the Park Fee is additional and supplemental to, and not in substitution of, on-site open space requirements imposed by the City pursuant to zoning, subdivision and other City ordinance s and requirements. In no event shall an applicant for development approval be obligated to pay a Park Fee in excess of that calculated pursuant to this chapter, which shall not individually or collectively exceed the reasonable cost of providing park land and recreation improvements to such residential development project at established City service level standards.
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CHAPTER 18.20 UNSAFE BUILDINGS OR STRUCTURES
18.20.010 – Substandard buildings—Proceedings for repair.
18.20.020 – Substandard buildings—Notice required.
18.20.030 – Substandard buildings—Service of notice.
18.20.040 – Substandard buildings—Order to vacate.
18.20.050 – Substandard buildings—Vacating and reoccupying.
18.20.060 – Substandard buildings—Posting of placard on vacated building.
18.20.070 – Nonconforming buildings—Notice to comply or vacate.
18.20.080 – Dangerous buildings or conditions—Correction proceedings.
18.20.090 – Dangerous buildings or conditions—Inspection.
18.20.100 – Dangerous buildings or conditions—Abatement proceedings.
18.20.110 – Dangerous buildings or conditions—Summary abatement.
18.20.120 – Inspection of buildings—Report.
18.20.130 – Hearing by Board of Examiners, Appeals and Condemnation.
18.20.140 – Appeals to City Council.
18.20.150 – Demolition or repairs by City—Expense liability.
18.20.160 – Service of notices and orders.
18.20.170 – Extensions of time to perform work.
18.20.180 – Owner's responsibility for enforcement costs.
18.20.190 – Abatement charges.
18.20.200 – Hearing on charges.
18.20.210 – Interest on charges.
18.20.220 – Transfer of collection.
18.20.230 – Method of collection.
18.20.240 – Tax-sold property.
18.20.250 – Tax-sold property—Redemptions.
18.20.260 – Error correction—Assessment cancellation.
18.20.270 – Refunds.
18.20.280 – Notice to secure structure.
18.20.290 – Emergency hazard abatement.
18.20.300 – Criminal prosecution.
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CHAPTER 18.20
UNSAFE BUILDINGS OR STRUCTURES
18.20.010 – Substandard buildings—Proceedings for repair.
Whenever the Building Official determines by inspection that an existing building is substandard, or constitutes a nuisance, he or she shall institute proceedings to cause the repair, rehabilitation, vacation or demolition of such building.
18.20.020 – Substandard buildings—Notice required.
The Building Official shall give notice specifying the inadequacies and hazards to be corrected. Such notice shall also specify that the building may be ordered vacated if remedial measures are not commenced and completed within the time specified in the n otice which time shall be such as the Building Official concludes is reasonable in view of the circumstances, but which shall in no event require commencement of such work within less than thirty (30) days nor completion within less than ninety (90) days.
18.20.030 – Substandard buildings—Service of notice.
Notices shall be given by service thereof in the manner elsewhere provided in this chapter for service of notices. Service of such notice in the manner therein prescribed shall constitute notice to th e owner of such building, and failure of any such person to receive such notice shall in no manner affect the validity of the subsequent proceedings taken hereunder. In addition to giving such notice, the Building Official shall also prepare and cause to b e recorded with the county recorder, a certificate stating that the building described is a substandard building, or is a public nuisance, and that the owner thereof has been so notified. When, and if, all required corrections to such a building have been made, the Building Official shall cause the certificate of substandard buildings or public nuisance to be terminated and provide said document to the owner to be recorded with the County Recorder.
18.20.040 – Substandard buildings—Order to vacate.
If, af ter thirty (30) days from service of the notice requiring remedial work, as provided in Section
18.20.030, such work is not commenced, or within ninety (90) days of such notice, such work is not completed, the Building Official may order the building vacat ed and posted as specified in Section
18.20.060. If the building is unoccupied, the order to vacate may be immediate. If the building is occupied, a notice of intent to order the building vacated shall be given thirty (30) days prior to issuing such order.
18.20.050 – Substandard buildings—Vacating and reoccupying.
Any substandard buildings, ordered vacated in accordance with Sections 18.20.010 through 18.20.060, shall be immediately vacated and shall not be reoccupied until the inadequacies or hazards s pecified by the Building Official in his or her notice as provided in Sections 18.20.010 through 18.20.060 have been eliminated and approval obtained from the Building Official for reinstatement of the occupancy.
No person shall occupy or cause to be occupied any building or portion thereof which has been ordered vacated until approval of such occupancy is reinstated by the Building Official.
18.20.060 – Substandard buildings—Posting of placard on vacated building.
A. Each such building ordered vacated s hall be locked and otherwise secured against ingress, and the Department of Development Services shall post thereon a placard stating:
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.20
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SUBSTANDARD BUILDING
Do Not Occupy
By Order of
Department of Development Services
City of Long Beach
This building has been ordered vacated and it is a misdemeanor to occupy this building. It is a misdemeanor to remove this placard. Sections 18.20.010 through 18.20.060 of the Long Beach Municipal Code.
B. Notice of such posting and a copy of the posted notice shall be served on the owner by certified mail at the time of posting. No person other than a representative of the Department shall remove such a placard from any building where it has been officially posted. Each such building shall be rehabilitated wit hin two (2) months after being ordered vacated or it shall be removed or demolished. If this rehabilitation, removal or demolition has not been accomplished within the above mentioned two-month period, then the Building Official shall institute action to c orrect violations or to demolish.
18.20.070 – Nonconforming buildings—Notice to comply or vacate.
Whenever any building or portion thereof is being maintained, occupied or used contrary to the provisions of this title or municipal code, the Building Official shall order such unlawful use, occupancy or maintenance to be discontinued by a date certain. If the maintenance, occupancy or use of any such building or portion thereof is not made to comply with the requirements of this title within the time set forth in the aforesaid order, the Building Official may order that the building, or the portion thereof in which any such violation occurs, be vacated. Such vacation shall be immediate but shall be subject to appeal in accordance with the provisions of this chapter. No person shall use or occupy such building or portion of building so vacated until such unlawful use, occupancy or maintenance has been discontinued and approval obtained from the Building Official for reinstatement of the occupancy.
18.20.080 – Dangerous buildings or conditions—Correction proceedings.
Whenever the Building Official determines by inspection that any building or structure, or portion thereof, is dangerous as defined in Section 18.02.020, he or she shall institute proceedings to correct such dangerous conditions.
18.20.090 – Dangerous buildings or conditions—Inspection.
A. The Building Official and a duly authorized representative and the members of the Board of Examiners, Appeals and Condemnation shall have the right of reaso nable inspection of any building for the purpose of determining the condition thereof. No person shall refuse or interfere with such inspection by any such official.
B. For the purpose of such inspection, the Building Official may order any structural member or portion of the structural frame of any building, whether such building is already erected, or is in course of construction, to be exposed whenever he or she has reasonable grounds for believing that such structural member or frame is in an unsafe c ondition or does not conform to the requirements of this chapter. No owner, reputed owner or person having custody, control or management or in charge of maintenance, occupancy or use of such building who is served with such order shall fail or refuse to forthwith fully uncover or expose the portion of the structural frame or structural member as required by such order.
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18.20.100 – Dangerous buildings or conditions—Abatement proceedings.
All buildings or portions thereof which are determined to be dangerous as defined in Section 18.02.020 are public nuisances and shall be abated under the procedures set forth in this chapter for abatement of nuisances.
18.20.110 – Dangerous buildings or conditions—Summary abatement.
Where necessary in the opinion of the Building Official to protect life or property from an acutely dangerous condition, the Building Official may take emergency action to abate the hazard by City forces as provided in this chapter or may order the buildin g immediately vacated, posted unsafe, barricaded, utilities disconnected, or other appropriate protective remedy.
18.20.120 – Inspection of buildings—Report.
If the building is not demolished, the substandard conditions corrected, or the nuisance otherw ise abated, on or before the expiration of the time specified in the posted notice, the Building Official shall cause such building to be thoroughly inspected and shall make a written report or record of his or her findings with respect thereto. Copies of such report shall be filed with the Board of Examiners, Appeals and Condemnation.
18.20.130 – Hearing by Board of Examiners, Appeals and Condemnation.
A. Following the filing by the Building Official of his or her findings in connection with the condemnation of a building as being substandard or as being a public nuisance, the Building Official shall notify the members of the Board of Examiners, Appeals and Condemnation of such filing and shall notify other interested persons of the time and place for a hearing before the Board for the purpose of passing upon the findings of the Building Official. The Board may conduct an independent investigation into the facts of such matter and the members thereof, or their authorized representatives, may inspect any building or structure involved therein.
B. Notice of the time and place of such hearing shall be given by the Secretary of the Board to the owner and other parties owning an interest in the substandard building. The notice must be served at least ten (10) days prior to the date fixed for such hearing.
C. Any person claiming an interest in the building which is the subject of the hearing may appear before the Board and object to the condemnation. The Board shall take such evidence as may be necessary to d etermine whether the building or structure is substandard or is a public nuisance.
Upon or after the conclusion of the hearing, the Board shall determine whether the building or structure is substandard or a nuisance and what alterations or repairs, if any , could be made in order to correct the substandard conditions or to abate the nuisance, or whether the total demolition thereof is required; the Board may establish a time not to exceed sixty (60) days, within which such repairs, alterations, or demolitio n shall be completed. The time period may, upon written request, be extended for a period not to exceed sixty (60) days if a determination is made by the Board that denial of the extension will result in substantial hardship to the owner.
D. The Board shall make written findings of its determination in the manner aforesaid, and shall cause a copy thereof to be served upon the same persons and in the same manner elsewhere herein provided for service of the initial notice in connection with such proceedings . The time for completion of repairs or alterations, or the demolition of the building or structure, shall commence to run on the date such findings are either delivered, posted or mailed, as the case may be.
Simultaneously with service of such written findings, a copy thereof shall be filed in the office of the Building Official.
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18.20.140 – Appeals to City Council.
A. Whenever any person is aggrieved by any final order of the Board of Examiners, Appeals and Condemnation, dealing with correction of substandard conditions or abatement of a nuisance, such person may, within fifteen (15) days after notice of such ruling or act has been served as hereinabove provided, appeal to the City Council by filing with the City Clerk a written statement of the rulin gs or acts complained of and the reasons for taking such appeal. The City Clerk shall thereupon refer such appeal to the City Council at its next regular meeting, and the Council shall thereupon fix a time for the hearing of the matter by the Council, whic h time shall be not less than ten (10) days nor more than thirty (30) days from the time the hearing date is set. On the date thus fixed, or on the date to which the hearing has been continued, the Council shall proceed to hear and consider the evidence re lating to the matter and shall make and enter on its minutes its final determination therein. The Council may confirm, modify or set aside the findings of the Board, and its determination in the matter shall be final and conclusive. No proceeding or action shall be against the City nor against the Council nor the Board nor any member of either thereof, nor against any officer, agent or employee of the City to review or enjoin the enforcement of its determination or orders of the Council made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner unless such action is commenced within thirty (30) days from and after service of notice of the findings and determination of the Council.
B. Notice of the determinati on of the Council shall be served by the City Clerk upon the person or persons taking the appeal in the manner elsewhere provided in this chapter for service of notices.
C. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force and effect until such appeal is fully determined.
18.20.150 - Demolition or repairs by City—Expense liability.
A. Within the limitations of the budget, the Building Official may cause to be demolished, altered or repaired, at City expense, any building found by the Board of Examiners, Appeals and Condemnation to constitute a substandard building or to be a public nuis ance which has not been demolished, altered or repaired within the time established by and in accordance with the determination of the Board or, in the event of an appeal, by the City Council. All expenses so incurred by him on behalf of the City in connec tion therewith, including the applicable processing costs as set forth in the schedule of fees and charges established by City Council resolution, and incidental enforcement costs shall become an indebtedness of the owner of such building or structure, and thereupon a lien shall attach to the parcel of real property upon which is located the building which is the subject of the proceedings. Such lien shall remain in effect until either:
1. The substandard conditions shall have been corrected or the nuisance abated;
2. If corrected or abated by the Building Official, payment in full of costs of correction or abatement, and accrued interest and penalties, if any, has been made; or
3. The order requiring correction of substandard conditions or abatement is reversed on appeal to the City Council or by a final judgment of a court of competent jurisdiction.
B. Any person having the legal right to do so may repair or demolish a substandard building prior to such action by the City, but if the work is performe d after the deadline established by the Board of Examiners, Appeals and Condemnation or, in the event of an appeal, by the City Council, the appropriate processing and other costs incurred by the City in preparing to do the work and all incidental enforcement costs are chargeable to the property.
18.20.160 – Service of notices and orders.
A. All notices and orders provided for by this chapter shall be in writing, shall state in general terms wherein the building or structure is unsafe or dangerous, or in what manner it is substandard, or in THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.20
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what manner it constitutes a public nuisance, and the minimum requirements for its correction, or total costs that will be charged to the owner of the property. Service of such order shall be upon the owner thereof or upon the person causing or permitting the condition to exist, or the person having the custody, control, maintenance, occupancy, use or management of the building, and upon any lessee or mortgagee thereof if shown on the official records of the county, by delivering the same to either of said persons or their agents in charge of the building. As an alternate method of such service, such notice may be served by registered United States mail with return receipt requested. Service by this method shall be deeme d complete upon deposit of such notice in the United States mail with prepaid postage affixed. If, after reasonable diligence, either the identity of the owner thereof cannot be ascertained or such owner cannot be located, then such order shall be posted in one or more conspicuous places upon or near the entrance to the building.
B. Whenever the Building Official posts such a notice upon the property, it shall be posted at one (1) or more conspicuous places upon the building and shall be in substantially the following form:
NOTICE
To all persons owning or claiming any interest in this building:
You are notified that the Building Official of the City of Long Beach has determined that this building is (insert substandard or a nuisance) by reason of the following facts:
Pursuant to the provisions of the building regulations of the Long Beach Municipal Code, this building is hereby condemned and the owner or owners of said building are hereby directed to correct deficiencies therein or to abate a nuisance existing therein or thereon. Further particulars regarding the facts may be obtained at the office of the Development Services Department of the City of Long Beach.
Unless this building is (how to be corrected or demolished) in the manner hereinabove specified, on or bef ore the ____________ day of ____________ 20____________, the Building Official of the City of Long Beach may cause such work to be done for and on behalf of the owner of said building, and all expenses incurred by the City for such work will be charged to, and become an indebtedness of, the owner or owners of said building to the City of Long Beach, and will become a lien against the real property on which such building is situated.
Dated and posted this ____________ day of ____________ 20____________.
____________ ____________
Building Official, City of Long Beach
C. Not less than five (5) days after the aforesaid notice is posted on the building, an additional copy of such notice shall be served in the manner hereinabove provided upon the person or persons shown by the current county assessment roll to be the owner or owners of the building, or of any interest therein, including lessees and mortgagees, at the address shown thereon or to any known more recent address, or in the absence of any address then in care of general delivery, at Long Beach.
D. No owner or othe r person causing or permitting such condition to exist shall fail or refuse, after delivery or posting of such order, to correct such condition in accordance with the requirements of the order.
18.20.170 – Extensions of time to perform work.
Any time limit prescribed in this chapter for the doing of an act by an occupant or owner of a building or by the Building Official may for good cause be extended by the Building Official, and failure to require THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.20
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the doing of any act authorized in this chapter to be r equired by him within the time limit prescribed in this chapter shall not affect the validity of any order made thereafter.
18.20.180 – Owner's responsibility for enforcement costs.
If the substandard conditions have not been corrected or the nuisance abated by the owner as directed within the time frame established by the Building Official, or as said time frame may be modified on appeal to the Board of Examiners, Appeals and Condemnation or City Council, all incidental enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of such property, except as provided below, whether or not the work is later performed by the City, by the owner, or by others. "Incidental enforcement costs" include , but are not limited to, the actual expenses and costs of the City in investigating the nuisance, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is the head of a low -income household (defined to be a household earning less than eighty percent of the county median income).
18.20.190 – Abatement charges.
When a building has been demolished, altered or repaired by the Building Official at City expense as authorized by Section 18.20.150, or when the owner is responsible for incidental enforcement costs as provided by Section 18.20.180, the Building Official shall prepare a sworn statement showing the costs thereof. The Building Official shall thereupon give notice of the amount of such charges in the same manner as elsewhere provided in this chapter for service of notices.
18.20.200 – Hearing on charges.
Within thirty (30) days from the date of service of such notice the property owner, or any interested person, may demand a hearing as to the reasonableness of the charges. Such demand shall be in writing and filed with the Building Official. It shall descri be the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. Such demand shall be presented by the Building Official to the Board of Examiners, Appeals and Condemnation for hearing at its next regular meeting that is not less than ten (10) and not more than forty-five (45) days thereafter. The Building Official shall give written notice of such hearing to the address furnished in the demand for hearing in the mann er elsewhere provided in this chapter for service of notices. At the time set for such hearing, the Board of Examiners, Appeals and Condemnation shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Board of Examiners, Appeals and Condemnation thereon shall be final.
18.20.210 – Interest on charges.
If the amount of the charges as determined by the Board of Examiners, Appeals and Condemnation has not been paid within thirty (30) days after the date of hearing, the payment thereof shall thereupon become delinquent and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) until paid, as determined by the tax collector. If no heari ng is demanded as to the reasonableness of the charges, the payment thereafter shall become delinquent sixty (60) days after notice of the charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) until paid, as determined by the tax collector.
18.20.220 – Transfer of collection.
The Building Official shall certify a list of all delinquent charges for correction of substandard conditions or nuisance abatement to the tax co llector. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the tax collector. The amount of the charges including such interest as has accrued after the delinquent date to July 1 of the year shall be s et forth opposite the description by the tax collector.
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18.20.230 – Method of collection.
Upon receipt of the list the tax collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect the charges in the same manner as municipal ad valorem taxes, and penalties and interest for nonpayment thereafter shall attach as though the amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon the tax roll as against a particular parcel shall be issued unless all such charges for collection of substandard conditions or nuisance abatement, and penalties thereon, entered upon that tax roll against the lot are first paid in full.
18.20.240 – Tax-sold property.
Upon the sale of any lot to the City for nonpayment of taxes, all charges for correction of substandard conditions or nuisance abatement for the parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.
18.20.250 – Tax-sold property—Redemptions.
No certificate of redemption from sale for delinquent taxes shall be issued until all charges for correction or substandard conditions and nuisance abatement, an d penalties entered on the delinquent tax records against the property involved, have first been paid in full.
18.20.260 – Error correction—Assessment cancellation.
A. The Building Official may, prior to certifying any such unpaid charges to the tax collector, correct any errors with respect to such taxes appearing upon his or her records.
B. After such taxes have been certified to the tax collector, the Council, by or der entered on its minutes, may cancel any charges for correction of substandard conditions or nuisance abatement, or penalty, or any portion of either thereof, appearing on the tax records, which, because of error, is charged against the wrong property, o r which has been paid but such payment has not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or an y city, or any school district or other political subdivision and, because of this public ownership, not subject to sale for delinquent assessments.
18.20.270 – Refunds.
Any charge for correction of substandard conditions or for nuisance abatement or penalty, or portion of either thereof, which is paid as the result of an erroneous assessment upon the wrong property, or which is paid more than once, or which is based upon a clerical error appearing in the tax records, may be refunded by the Council to th e person entitled thereto; provided, however, that such refunds shall only be made upon the written application of the person entitled thereto, which must be filed with the City Clerk not later than one year after the date the erroneous payment was made.
18.20.280 – Notice to secure structure.
When any unoccupied building or structure is not properly secured, locked or closed, and is accessible to juveniles, transients and undesirables, and is in such condition as to constitute an immediate health, fire or safety hazard and the Building Official determines that the hazard is such as to require immediate closure, he shall serve the record owner and the person having control of such building or structure with notice to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto. Notice shall be served as provided in this chapter and shall state that if the required work is not performed within forty-eight (48) hours after service of the notice, the City will perform such work and all expenses incurred by the City including, but not limited to, incidental processing and enforcement costs shall become an indebtedness of the owner and a lien on the property. Collection of such charges shall be accomplished in accordance with this title and Chapter 8.56.
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18.20.290 – Emergency hazard abatement.
When any open building or structure constitutes such a threat to life, limb or property that it must be secured, closed, barricaded or demolished forthwith and compliance with other provisions of this code become infeasible, as determined by a City officer charged with responsibility for enforcement of health and safety regulations, the Director of Public Works may summarily secure, close, barricade or demolish such building or structure without prior notice to the property owner. All costs incurred by the City in abating the hazard shall be borne by the property owner and failure to receive prior notice shall not affect or relieve the property owner's obligation for payment of such costs.
18.20.300 – Criminal prosecution.
Pursuant to Section 1.32.010, any violation of the provisions of Title 18 is a misdemeanor, and the notice, hearing, appeal and other administrative procedures contained in Title 18 shall not be a condition precedent to any criminal prosecutions.
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CHAPTER 18.21 MAINTENANCE OF LONG -TERM BOARDED AND VACATED
BUILDINGS
18.21.010 – Purposes and definitions.
18.21.020 – Owner responsibilities.
18.21.030 – Monitoring program—Purpose.
18.21.040 – Monitoring program—Department responsibility and fees.
18.21.050 – Civil remedy.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.21
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CHAPTER 18.21
MAINTENANCE OF LONG-TERM BOARDED AND VACATED BUILDINGS
18.21.010 – Purposes and definitions.
A. Purpose. Vacant buildings are a major cause and source of blight in both residential and non - residential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings (whether or not those buildings are boarded), substandard or unkempt buildings, and long-term vacancies discourage economic development and retard appreciation of property values.
It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant building which is not actively and well maintained and managed can be the core and cause of spreading blight.
B. Definitions. For the purposes of this chapter, the term "boarded building" shall mean a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.
18.21.020 – Owner responsibilities.
A. No person shall allow a building or structure designed for human, industrial, or commercial use, or occupancy to stand vacant for more than thirty (30) days unless one of the following a pplies:
1. The building is the subject of an active building permit for repair or rehabilitation, or a permit for demolition, and the owner is progressing diligently to complete the repair or rehabilitation;
2. The building meets all applicable codes, does not contribute to blight, is ready for occupancy and is actively being offered for sale, lease, or rent;
3. The Building Official or designee determines that the building does not contribute to, and is not likely to contribute to, blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:
a. Maintenance and appropriate watering and care of landscaping and plant materials,
b. Maintenance of the exterior of the building, including but not limited to, paint and finishes, in good condition,
c. Regular removal of all trash, debris and graffiti,
d. Maintenance of the building or structure in continuing compliance with all applicable codes and regulations,
e. Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution, or other criminal street gang activity.
B. "Vacant building" or "vacant structure" shall me an a building which is without a lawful resident or occupant or which is not being put to a lawful commercial, residential, or industrial use, and which may be unoccupied and unsecured; occupied and secured by boarding or other similar means; unoccupied and a dangerous structure or; unoccupied with multiple City municipal code or nuisance violations.
C. The owner of any vacant or boarded building or structure, whether boarded by voluntary action of the owner or as a result of enforcement activity by the C ity, shall cause the boarded or vacant building to be rehabilitated for occupancy within sixty (60) days after the building or structure is boarded or becomes unoccupied.
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18.21.030 – Monitoring program—Purpose.
A. Vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract transients and criminals, including drug users. Use of vacant buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by transients and other long -term vacancies discourage economic development and retard appreciation of property values.
B. Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the City needs to monitor vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintai ned both inside and out, and do not become a blighting influence in the neighborhood. City Departments involved in such monitoring include the Police, Fire, Health, and Development Services Departments. There is a substantial cost to the City for monitorin g vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings.
18.21.040 – Monitoring program—Department responsibility and fees.
A. Purpose. The Building Official or designee shall be res ponsible for administering a program for identifying and monitoring the maintenance of all vacant buildings or structures in the City.
B. Purposes. The purposes of the monitoring program shall be:
1. To identify buildings that become vacant;
2. To order vacant buildings that are open and accessible to be secured against unlawful entry per Long Beach Municipal Code Section 18.20.280;
3. To initiate proceedings against any vacant or boarded building or structure found to be substandard as defined in this title; and
4. To maintain surveillance over vacant or boarded buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a public nuisance.
C. Notice of vacant building.
1. Upon discovery of a potential vacant building by a code enforcement officer or receipt of a complaint about a vacant or boarded building from any source, the City may cause an inspection of the property in order to determine if the building or structure sh ould be classified as a vacant building;
2. If the City determines that a building or portion of a building may be classified as a vacant building under this chapter, the City shall ascertain the identity of, and contact the owner or agent of the owner, and advise the owner in writing that the building or structure is vacant and that the following measures need to be taken by the owner:
a. Immediate measures to temporarily secure the building or structure from unauthorized entry,
b. Measures to permanently secure the building during the period of time that the building or structure remains vacant,
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c. The posting of a sign or signs on the property in a conspicuous place, as determined by the City, which sign(s) shall notify the public of the owners or authorized agents' name and address and an emergency contact telephone number;
3. If the City determines that a building or structure is vacant it shall cause a "Notice of Vacant Building" to be recorded against the title of the property, which notice sha ll make reference to the provisions of this chapter and disclose that administrative penalties and costs may likewise be assessed against the owner and property as a result of the building or structure remaining in a vacant condition;
4. If the owner fails to take immediate measures to temporarily or permanently secure the building from unauthorized entry, the vacant building shall constitute a nuisance and the City may, without further notice, and by any lawful means, abate the nuisance. In this event, t he owner shall be liable for the costs incurred by the City for inspections or to secure the building or structure, including costs incurred to ascertain ownership of the property and obtaining title information, preparing notices, and any and all administ rative costs together with actual labor or material cost or expense incurred by the City to secure the building or structure or otherwise abate the nuisance. If the owner does not reimburse the City within thirty (30) days of being billed therefore, the City may file a lien against the property for all of the expenses incurred by the City.
D. Optional vacant building plan and timetable.
1. If the owner of a vacant building files a vacant building plan and timetable with the City not later than seven (7) days after the owner or agent of the owner receives written notice pursuant to Subsection 18.21.040.C, the City is authorized to:
a. Suspend the processing of any citation or other remedy for violation of this chapter,
b. Extend the period of time in which the owner of a vacant building must secure the building;
2. The vacant building plan and timetable must be submitted on forms prepared by the City and must include, at a minimum, the following information:
a. A description of the premises, including the address thereof,
b. The names, addresses, and telephone numbers of all owners with a right of control over the vacant building or structure,
c. The names and addresses of all known lien holders and all other parties with an ownership interest in the vacant building or structure,
d. The name, address and telephone number of the owner's property manager or agent, and whether the propert y manager or agent has the authority to independently act on the owner's behalf to repair or maintain the property,
e. The period of time the building is expected to remain vacant,
f. If the owner plans on demolishing the building, the date the building is scheduled for demolition, and whether or not a permit has been issued for said demolition,
g. If the owner plans on returning the building to a lawful occupancy and use, the estimated date for returning the building to a lawful occupancy or use, and whether or not a permit has been issued to return the vacant building to a lawful occupancy or use,
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i. Measures the owner will employ to secure the building to prevent access by trespassers.
One of the following methods must be used to secure the building as specified in the discretion of the City:
i. Installation of adequate windows and doors, or window and door coverings,
ii. Installation and maintenance of adequate locks for windows and doors,
iii. Installation of boards on windows and doors or security screening to the satisfaction of the City,
iv. Employment of security officers to the satisfaction of the City,
v. Installation, operation, and monitoring of an electronic security system, which monitors doors and windows by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Department,
vi. Any other methods as specified by the City,
j. Measures the owner will employ to monitor and inspect the prope rty on a weekly basis.
The weekly monitoring and inspection must be performed by the owner, property manager, or agent of the owner with full authority to maintain and make repairs to the property on a weekly basis;
3. The plan and timetable submitted by the owner or agent of the owner must be approved by the City. Any and all repairs required to affect the plan and timetable shall comply with all applicable City of Long Beach ordinances, codes and regulations. The owner shall be required to notify the City in writing of any changes in information supplied as part of Section 13.30.050, within ten (10) days of the change;
4. During the period of time that the vacant building plan and timetable are in effect, the owner shall be responsible for paying to the City the monthly monitoring fee as said fee is established, and from time to time amended, in accordance with a duly adopted resolution of the City Council;
5. In the event that the owner fails to comply with the vacant building plan and timetable, the City shall so notify the owner or authorized agent and shall thereafter institute appropriate administrative, civil or other legal action to secure compliance with this chapter.
E. Monitoring fee imposed. Any vacant or boarded building or structure as defined in this chapter shall be subject to a monthly monitoring fee, to recover the City's regulatory costs to monitor the status of the vacant or boarded building. The monthly monitoring fee shall be set by resolution of the City Council. The monitoring fee shall be applicable until such time as the building or structure is no longer vacant or boarded, and shall likewise be applicable even when a vacant building pla n and timetable is in effect. The monitoring fee shall be imposed upon the initial determination that the building is vacant. The fee shall thereafter be imposed in each thirty (30) day period following the imposition of the initial monitoring fee, to be billed to the owner on a quarterly basis until such time as the building or structure is no longer vacant or boarded.
F. Code enforcement response fee. In addition to the monthly monitoring fee imposed pursuant to this section, the City also establishes a further and separate enforcement response fee for actual costs incurred by the City to respond to or abate substandard or blighted conditions existing i n or about the property upon which the boarded or vacant building or structure is located. Such costs shall include, but not be limited to, personnel costs involved with inspecting or responding to calls for service at the property, personnel costs involved in abating the substandard or blighted conditions THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.21
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existing on the property, costs of any materials or supplies either purchased or supplied by the City in connection with the abatement of any substandard or blighted condition in or about the property, costs of any contracted services, including the costs of materials, supplies, and labor provided by the City's contractor, if any, costs of procuring title or ownership information concerning or related to the property, as well as any other incidental enforcement costs incurred by the City in connection with remedying the substandard or blighted conditions existing on the property. The amount of the code enforcement response fee shall be established by resolution of the City Council.
G. Procedure. The vacant or boarded building monitoring fee and the code enforcement response fee, if any, shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. Said fee or fees a nd associated administrative costs shall be charged to and become an indebtedness of the owner of the property.
H. If the monthly monitoring or code enforcement response fees or associated administrative costs and expenses are not paid within thirty (30) days after billing, then the fee or costs may be specially assessed against the property involved. If the fees or costs are specially assessed against the property, said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
I. The City may also cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the re cord owner or possessor, a description of the real property subject to the lien, and the amount of the fee or costs assessed against the property.
J. Hearing on charges. Within thirty (30) days from the date that the property owner is mailed a notice regarding the imposition of either monthly monitoring fees or code enforcement response fees or charges, the property owner may demand a hearing as to the reasonableness of the fees or charges imposed. Such demand shall be in writing and presented to the Dire ctor of Development Services for the City of Long Beach. Said demand shall describe the property involved, state the reasons for objecting, and include an address of the property owner for service of notice in connection with such hearing. Such demand shal l be presented by the City to the Board of Examiners, Appeals and Condemnation for hearing at its next regularly scheduled meeting that is not less than ten (10) and not more than forty-five (45) days thereafter. The Director of Development Services shall give written notice of such hearing to the address furnished by the property owner in the demand for an appeal hearing. At the time set for such hearing, the Board of Examiners, Appeals and Condemnation shall hear all evidence pertinent to the reasonablene ss of such fees and charges and shall either confirm or modify the charges. The decision of the Board of Examiners, Appeals and Condemnation shall be final. If the amount of the charges is uncontested by the property owner or as set by the Board of Examiners, Appeals and Condemnation on appeal, has not been paid within thirty (30) days after imposition or appeal hearing whichever is later, the payment thereof shall thereupon become delinquent and the amount so imposed or determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid, as determined by the tax collector.
18.21.050 – Civil remedy.
A. Penalty.
1. Any owner of a vacant or boarded building which remains boarded in violation of Subsection
18.21.020.B or any o wner of a building which remains vacant or boarded in violation of Subsection 18.21.020.A shall be liable for an administrative penalty in an amount not to exceed one thousand dollars ($1,000.00) per calendar year per building.
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2. A second or subsequent administrative penalty imposed upon any owner pursuant to this section shall be in an amount not to exceed five thousand dollars ($5,000.00).
B. Procedure.
1. The administrative penalty shall be imposed by the Board of Examiners, Appeals and Condemnation upon the recommendation of the Building Official or designee and after the owner shall have been afforded a hearing before the Board of Examiners, Appeals and Condemnation. The hearing shall be conducted in accord with the provisions of Chapter 18.10 and Chapter 18.20. In setting the penalty, the Board shall consider the severity of the blighting conditions on the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the Board shall be final.
2. The administrative penalty shall be due and payable within thirty (30) days after the decision of the Board. If the penalty is not paid within forty-five (45) days after the decision of the Board, the penalty shall become a personal indebtedness or obligation of the property owner or it may be specially assessed against the property involved. If the property is specially assessed said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and e nforcement of real property taxes are applicable to the special assessment.
3. The City may also cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record owner or possessor of the property and set fo rth the last known address of the record owner or possessor, the date on which the penalty was imposed, a description of the real property subject to the lien, and the amount of the penalty or costs assessed against the property.
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CHAPTER 18.24 FORECLOSURE REGISTRY PROGRAM
18.24.010 – Purpose.
18.24.020 – Definitions.
18.24.030 – Registration.
18.24.035 – Penalty/fine for failure to timely register a property with the City.
18.24.040 – Maintenance required.
18.24.050 – Security requirements.
18.24.055 – Special provisions where property is encumbered with the security interests of multiple beneficiaries.
18.24.060 – Additional authority.
18.24.070 – Enforcement.
18.24.080 – Appeals.
18.24.090 – Alternative monetary penalties.
18.24.100 – Severability.
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CHAPTER 18.24
FORECLOSURE REGISTRY PROGRAM
18.24.010 – Purpose.
It is the intent of the City Council, through the adoption of this chapter, to establish a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of vacant, abandoned or foreclosed upon residential real properties; to establish a vacant, abandoned or foreclosed upon residential property registration program and to set forth guidelines for the maintenance of vacant, abandoned or foreclosed upon residential real properties.
18.24.020 – Definitions.
Certain words and phrases in this chapter are defined, when used herein, as follows:
Abandoned. Any residential building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessor's Lien Sale and/or any residential real property conveyed via a foreclosure sale resulting in the acquisition of Title by an interested beneficiary of a deed of trust, and/or any residential real property conveyed via a deed in lieu of foreclosure sale.
“Accessible Property ” Residential real property that is accessible to the public, either in general, or through an open and unsecured door, window, gate, fence, wall, or the like.
“Agreement” Any written instrument that transfers or conveys Title to residential real property from one owner to another after a sale, trade, transfer or exchange.
“Assignment of Rents ” An instrument that transfers the beneficial interest under a deed of trust fro m one lender or entity to another.
“Beneficiary” A lender participating in a residential real property transaction that holds a secured interest in the residential real property in question identified in a deed of trust.
“Buyer” Any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for residential real property via an "agreement" as that term is defined in this Section.
“Dangerous Building” Any residential building or structure reasonably deemed by qualified City staff to represent a violation of any provision specified in Section 18.02.020.
“Days” Calendar days.
“Deed of Trust ” An instrument whereby an owner of residential real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trusts including, but not limited to a second trust deed or third trust deed.
“Deed in Lieu of Foreclosure” A recorded instrument that transfers ownership of real property between parties to a partic ular deed of trust as follows - from the trustor (i.e, borrower), to the trustee upon consent of the beneficiary (i.e., lender).
“Default” The material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make payment when due.
“Distressed” Any residential building, structure or real property that is subject to a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and/or any residential real property conveyed via a foreclosure sale resulting in the acquisition of Title by an interested beneficiary THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.24
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of a deed of trust, and/or any residential real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.
“Enforcement Official” The City Manager, the Director of Development Services, and/or any employee or agency of the City of Long Beach designated and/or charged with enforcing the Long Beach Municipal Code, including but not limited to, applicable codes adopted by reference the rein.
“Evidence of Vacancy ” Any residential real property condition that independently, or in the context of the totality of circumstances relevant to that real property, would lead a reasonable enforcement official to believe that a property is vacant o r occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilitie s; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
“Foreclosure” The process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor (i.e., borrower).
“Local” Within forty (40) road or driving miles dist ance from the subject building, structure or real property in question.
“Neighborhood Standard ” The condition of residential real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. W hen determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered.
“Notice of Default” A recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee's sale.
“Out of Area” In excess of forty (40) road or driving miles of the subject property.
“Owner” Any person, partnership, association, corporation, fiduciary or other legal entit y having recorded Title to the property as reflected in the official records of the County Recorder of Los Angeles County.
“Owner of Record” The person holding recorded Title to the residential real property in question at any point in time when Official Records are produced by the Los Angeles County Registrar/Recorder's office.
“Property” Any unimproved or improved residential real property, or portion thereof, situated in the City of Long Beach, including buildings or structures located on said real property, regardless of condition.
“Residential Building” Any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use.
“Securing” Such measures as may be directed by a code enforcement official that assist in rendering real property inaccessible to unauthorized persons, includin g but not limited to repairing fences and walls, chaining/padlocking gates, the repairing or boarding of doors, windows or other such openings.
“Trustee” Any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.
“Trustor” Any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/trustor.
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“Vacant” Any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy.
18.24.030 – Registration.
A. Not later than ten (10) days after recording a notice of default on any residential property located in the City of Long Beach which is subject to a deed of trust, the beneficiary, or its trustee, shall register the property with the Development Services Department of the City of Long Beach on forms provided by the City.
B. The registration pursuant to this Section shall be renewed annually until such time as:
1. The foreclosure process is complete or the notice of default has been rescinded or withdrawn;
2. The Trustor has surrendered the property to the beneficiary as evidenced by either a letter from the trustor addressed to the beneficiary confirming such surrender, or by the trustor's delivery of the keys to the property to the beneficiary or its agent.
3. The beneficiary has obtained possession of the property under Section 1161 or 1161a or 1161b of the Code of Civil Procedure, as applicable, following completion of the foreclosure proceeding.
If a subsequent notice of default is issued for the same property after being withdrawn or rescinded, the registration requirement set forth in this Section shall be reinstated.
C. The registration pursuant to this Section shall contain the identity of the beneficiary and trustee, the direct mailing address of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question.
D. An annual registration fee as set by the City Council by resolution shall accompany the submission of each registration form. The fee and registration shall be valid for one (1) year from the date of registration. Regi stration fees will not be prorated. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 15th of the year due.
E. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the City of Long Beach Development Services Department of any change of information contained in the registration form within ten (10) days of the change.
F. The duties/obligations specified in this chapter shall be joint and several among and between all trustees and beneficiaries and their respective agents.
18.24.035 – Penalty/fine for failure to timely register a property with the City.
A. Notwithstanding any other prov ision of this chapter or Chapter 9.65 to the contrary, the City may, after fifteen (15) days written notice to the beneficiary or its trustee, impose a fine/penalty on a beneficiary or its trustee for its failure to timely register a property with the City under this chapter.
The amount of such fines and/or penalties shall be established by the City Council by resolution.
B. The imposition of a fine/penalty for failure to register a property shall be in accordance with the provisions and procedures set fo rth in Chapter 9.65 of the Long Beach Municipal Code:
"Administrative Citations and Penalties."
C. Any failure to pay fines or penalties imposed pursuant to this chapter may be remedied by the City in accordance with Section 9.65.140, or any successor section thereto.
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18.24.040 – Maintenance required.
It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the regist ration requirement contained in Section 18.24.030, to cause, permit, or maintain any property condition contrary to any provision of this chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in Section 18.24.030 are adopted:
A. Any property subject to this chapter must comply with the requirements of the Long Beach Municipal Code Chapter 18.20 entitled "Unsafe Buildings or Structures."
B. In addition, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, flyers, notices (except those required by federal, State or local law), discarded personal items including, but not limited to, f urniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
C. The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure.
D. Visible front and side yards shall be landscaped and maintained to the neighborhood standard.
E. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residenti al installation.
F. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor-outdoor carpet or any other similar material.
G. Pools and spas shall be kept in working order so that water remains clear and fre e of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.
H. Adherence to this section does not rel ieve the beneficiary/trustee or property owner of obligations set forth in any portion of the Long Beach Municipal Code or in any Covenants, Conditions and Restrictions and/or Home Owners Association rules and regulations which may apply to the property.
The sole exception to these maintenance requirements shall, within the sole reasonable discretion of the Director of Development Services or designee, apply to property subject to the registration requirement contained in Section 18.24.030 that is under construction and/or repair, not less than three (3) business days per week, undertaken in compliance with all applicable laws, including but not limited to, City permitting requirements.
18.24.050 – Security requirements.
A. Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding, and garage), gates and any other openin g that may allow access to the interior of the property and/or structure(s). In the case of broken windows, "securing" means reglazing or boarding the window.
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C. If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a loc al property management company shall be contracted to perform weekly inspections to verify that the requirements of this Section, and any other applicable laws, are being fulfilled.
D. The property shall be posted with the name and twenty-four (24) hour contact phone number of the local property management company. The posting shall be 8-½" x 11" in size, shall be of a font that is legible from a distance of twenty (20) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY __________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)."
E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/str ucture facing the street on the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the pro perty, and to the extent possible, not readily accessible to potential vandalism.
Exterior posting must be constructed of, and printed with weather resistant materials.
F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirement of this chapter. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.
G. The duties/obligations specified in this chapter shall be joint and several among and between all trustees and beneficiaries and their respective agents.
18.24.055 – Special provisions where property is encumbered with the security interests of multiple beneficiaries.
A. In the event that a property is encumbered by the security interests of more than one (1) beneficiary at the time when a notice of default is recorded, the beneficiary who causes a notice of default for its security interest to be recorded shall be responsible for registering the property with the City as provided in Section 18.24.030
B. Upon the recordation of a notice of default on a property by any beneficiary, regardless of the security lien interest priority of such beneficiary in the property in relation to the priority of the security interests of the other beneficiaries in the same property, the City, in its discretion may elect to enforce the provisions of this chapter against one or more beneficiaries who have not separately recorded a notice of default against the property.
18.24.060 – Additional authority.
In addition to the enforcement remedies established in this chapter, the City shall have the authority to require the beneficiary, trustee, owner or owner of record of an y property affected by this chapter, to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on -site inspection f requency, employment of an on -site security guard and/or other measures as may be reasonably required to secure and reduce the visual decline of the property.
18.24.070 – Enforcement.
A. Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. Any person, firm and/or corporation that violates any portion of this chapter including, but not limited to the registration requirements set forth in Section 18.24.030, the maintenance requirements set forth in Section 18.24.040, and the security requirements set forth in Section 18.24.050 may be subject to administrative enforcement under Chapter 9.65 of the Long Beach Municipal Code. Administrative penalties imposed pursuant to this chapter shall not exceed one hundred thousand dollars ($100,000.00) per property.
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B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property sub ject to the registration requirement contained in Section 18.24.030, and causes, permits, or maintains a violation of this chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Chapter 1.32 of the Long Beach Municipal Code.
C. This chapter is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Long Beach Municipal Code. The City Attorney or a duly authorized enforcement official may pursue any other right or remedy permitted by the Long Beach Municipal Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance.
18.24.080 – Appeals.
If an administrative citation has been issued pursuant to the provisions of Chapter 9.65 of the Long Beach Municipal Code, then the procedures set forth in Chapter 9.65 shall govern.
18.24.090 – Alternative monetary penalties.
A. This section is intended to carry out the provisions of Section 2929.3 of the California Civil Code.
Nothing in this section shall be interpreted or implemented in a manner that is inconsistent with State law. If there is a conflict between the provisions of State law and this section, State law shall control.
B. The City may elect to impose monetary penalties on a legal owner, pursuant to Section 2929.3 of the California Civil Code, if that legal owner fails to maintain vacant residential property that is either purchased at a foreclosure sale or acquired through foreclosure under a mortgage or deed of trust.
For purposes of this section, "fails to maintain" means failing to care for the exterior of the property, including, but not limited to, permittin g excess foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers, squatters or other unauthorized persons from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water, or other conditions that create a public nuisance.
C. The City may impose a fine of up to one thousand dollars ($1,000.00) per day for each day that the legal owner fails to maintain the property as required by this section, comm encing on the day following the expiration of the period to remedy the violation, as established by the City in Subsection D.
1. In determining the amount of the fine, the City shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation.
2. Fines and penalties collected pursuant to this section shall be directed toward local nuisance abatement programs.
3. Pursuant to Section 2929.3 of the California Civil Code, the City may not impose fines on a legal owner under both this Section and any other local ordinance. However, Section 2929.3 of the California Civil Code shall not preempt any local ordinance.
4. Notwithstanding Subsection C.3, the rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.
D. If the City imposes a fine pursuant to this section, the City shall give notice of the alleged violation to the legal owner. The notice shall include a description of the conditions that gav e rise to the alleged violation, and state the City's intent to assess a civil fine if action to correct the violation is THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.24
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not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days.
1. The notice shall be mailed to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the California Government Code, or, if none, to the return address provided on the deed or other instrument.
2. The City may provide less than thirty (30) days' notice to remedy a condition, if the City determines that a specific condition of the property threatens public health or safety and the notice of violation states that there is a threat to public health or sa fety and lists the required time to correct the violation.
18.24.100 – Severability.
If any section or provision of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this chapter sh all remain valid. The City Council hereby declares that it would have adopted this chapter, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contrav ened via legislation.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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CHAPTER 18.25 TENANT RELOCATION AND CODE ENFORCEMENT
18.25.010 – Purpose.
18.25.020 – Findings.
18.25.030 – Definitions.
18.25.040 – Eligibility.
18.25.050 – Order to vacate.
18.25.060 – Notification of tenants and owners.
18.25.070 – Issuance of permits.
18.25.080 – Payment of relocation benefits.
18.25.090 – Relocation eligibility and assistance by City.
18.25.100 – Immediate vacation.
18.25.110 – Amount of relocation payments.
18.25.120 – Evictions to avoid payment of relocation assistance.
18.25.130 – Move-back option.
18.25.140 – Certificate of occupancy.
18.25.150 – Appeals.
18.25.160 – Penalty.
18.25.170 – Private right of action.
18.25.180 – Application to heirs.
18.25.190 – Relationship to other laws.
18.25.200 – Penalty fund.
18.25.210 – Severability.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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CHAPTER 18.25
TENANT RELOCATION AND CODE ENFORCEMENT
18.25.010 – Purpose.
The primary purpose of this chapter is to provide for owner-paid relocation payments and assistance to residential tenants who are displaced due to the City of Long Beach's code enforcement activities.
18.25.020 – Findings.
This chapter is enacted in recognition of the following facts and for the following reasons:
A. Some residential rental units in the City have been found to have severe code violations that threaten the life and safety of occupants. In some circumstances, the hazardous living conditions have required that tenants vacate the structure to allow for extensive repairs or demolition.
B. These code violations often are caused by negligence, deferred maintenance, or the illegal use of certain structures as dwelling units. These code violations typically constitute a violation of t he owner's legal responsibility to the tenants. For example, they may be a breach of the owner's implied warranty of habitability, and could constitute constructive eviction of the tenants from their residence.
C. The difficulty of finding affordable replacement housing and the burden of incurring moving-related expenses creates a financial hardship for tenants, particularly those who are low income. Financial hardship arises because the tenants generally need a large sum of money to relocate, often including first month's rent, security deposits, moving and storage expenses, and utility deposits.
Low income tenants are generally unable to obtain the sums needed to relocate and, as a result, are at an increased risk of becoming homeless.
D. Relocation as sistance is necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing in a timely manner. The level of payments provided for in this chapter are reflective of actual relocation costs likely to be incurred by displaced households. This is consistent with and in furtherance of the housing element of the City's General Plan.
E. In the past, affected tenants have turned to local, State and national governmental entities for financial assistance in obtaining replacement ho using. However, the resources available to such entities to assist displaced tenants have become increasingly scarce.
F. It is fair for property owners who fail to properly maintain residential rental properties, or who create illegal residential units, to bear responsibility for the hardship their actions or inaction create for tenants. Relocation of tenants is a necessary element of code enforcement that should be the responsibility of the property owner, and the City should be reimbursed by the responsible owner for all costs which the City incurs in the code enforcement process.
G. Delayed payment of relocation assistance often imposes extreme hardship upon tenants who must obtain the large sums necessary to relocate. Delayed payments may also require the City to expend funds to provide tenants with financial assistance for relocation. Any requirement to pay relocation assistance should contain disincentives for delayed payment in the form of appropriate penalties.
H. It is the intent of this chapter to ensure that adequate relocation assistance is available to tenants who face displacement through no fault of their own . It is also the intent to provide assistance in a manner that is as equitable as possible to the tenant, the property owner, and the public at large.
The requirement for owners to pay relocation costs under this chapter will facilitate the correction of code violations and will likewise protect the public health, safety, and general welfare of the residents of the City.
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I. This chapter is in the public interest for the reasons stated above. Additionally, it furthers the public interest by helping to remove a potential impediment to code enforcement. The City finds that this chapter also is fair, in that it imposes reasonable costs and penalties on owners who operate contrary to the code enforcement regulations of the City.
18.25.030 – Definitions.
For purposes of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this Section.
"City Manager" means the City Manager of the City of Long Beach, or his or her designee.
"Code enforcement activity" means activity initiated by the City to determine the condition of a building or structure and which requires the property owner to make necessary repairs, to vacate the building, to demolish the structure or structures, or to take other action to bring the property into compliance with applicable State or local zoning, building, fire, health or housing standards regulations.
"Comparable replacement dwelling" shall have the same meaning as that specified in Section 7260 et seq. of the California Government Code, or any successor statute thereto.
"Day" means calendar day.
"Department of Development Services" means the Department of Development Services of the City of Long Beach.
"Displacement" means the removal of the tenant household from the property due to th e issuance of an order to vacate pursuant to Section 18.20.140.
"Long Beach Municipal Code" means all ordinances, rules, and regulations of the City of Long Beach regulating maintenance, sanitation, ventilation, light, location, use or occupancy of residential buildings.
"Notice of intent to order building vacated" means an official notice issued by the City in accordance with Section 18.20.020.
"Order to vacate" means an official notice issued by the City in accordance with Section 18.20.110.
"Property owner" means a person, corporation, or any other entity holding fee title to the subject real property.
"Relocation" means the required vacating of a residential rental unit or room by a tenant or household to further the City's code enforcement activity.
"Rental unit" means a dwelling space containing a separate bathroom, kitchen, and living area, including a single-family dwelling or unit in a multifamily or multipurpose dwelling; or, it means a unit in a condominium or cooperative housing p roject, which is hired, rented, or leased to a tenant or household within the meaning of Section 1940 of the California Civil Code.
"Room" means an unsubdivided portion of the interior of a building including, but not limited to, illegally converted garage spaces, which are used for the purpose of sleeping, and which are occupied by a tenant for at least thirty (30) consecutive days as determined by the Department of Development Services.
"Substandard building" means and includes every building or other structure as defined in Section
18.02.020. For the purposes of this chapter, substandard building or structure shall mean only those buildings that contain rental units or rooms as defined herein.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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"Tenant household" means one (1) or more individuals who: (1) have a landlord-tenant relationship with the property owner, by renting or leasing a rental unit or room in a substandard building; and (2) can demonstrate a landlord-tenant relationship by leases, cancelled rent checks, rent receipts, utility bills, phone bills, or any other evidence of renting or leasing the premises as determined by the Department of Development Services.
18.25.040 – Eligibility.
A tenant household shall be eligible for consideration for relocation assistance under this chapter when tenants in the household are displac ed from their rental units or rooms because of the issuance of a "notice of intent to order building vacated" or an "order to vacate" in accordance with Sections 18.20.120 or 18.20.140, or an order of immediate vacation when the structure or premises has b een declared "dangerous" in accordance with Section 18.20.210, or their respective successor sections.
18.25.050 – Order to vacate.
As part of the City's code enforcement activity, the Building Official will decide whether repairs or other actions to abate substandard buildings can be reasonably accomplished without relocation of the tenant or household.
If relocation is necessary to abate a substandard building or condition, the Building Official shall issue and serve an "order to vacate" in accordance with Sections 18.20.140 through 18.20.170.
18.25.060 – Notification of tenants and owners.
A. When the Building Official issues a notice of substandard building, notice of intent to order building vacated or an order to vacate in accordance with Sections 18.20.120 or 18.20.140, the Building Official shall notify the Department of Development Servic es of the issuance of the orders and the Department of Development Services shall inform the tenant households in writing of the procedure to apply for relocation assistance, what the tenant household's rights are, and who to contact with questions regarding relocation assistance. The Department of Development Services shall also inform the tenant household that the household may request payment of relocation assistance from the City in accordance with Section 18.25.090, if the owner fails, neglects, or ref uses to make the required relocation payments in accordance with this chapter. Relocation assistance information shall be provided to tenant households in English, Spanish, Korean and Khmer to insure the information is accessible to limited English proficiency persons.
B. The Department of Development Services shall also inform the property owner that failure to make required relocation payments within ten (10) days of notice may result in the City making payments on behalf of the owner, and that failure to reimburse the City for all payments made and other costs and penalties incurred shall result in a lien being placed on the owner's property.
C. The issuance of an order to vacate shall not relieve the property owner of any legal obligations, including any obligation to provide any notice imposed by any provisions of federal, State, or local laws or ordinances.
D. At the time a notice of substandard building is issued in accordance with Section 18.20.120, the City shall also notify the property owner of the obligation to pay tenant relocation if required repairs are not made within the time specified in the notice of substandard building.
18.25.070 – Issuance of permits.
If an order to vacate is issued, the City shall require the property owner or the owner’s authorized agent to obtain building permits to convert, repair, rehabilitate or demolish the dwelling units that are in violation of the building code in the Long Beach Municipal Code.
18.25.080 – Payment of relocation benefits.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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A. The relocation benefits required by this chapter shall be paid by the owner or designated agent to the tenant household in the form of a certified check, cashier's check, or money order, within ten (10) days after the order to vacate is issued and served in accordanc e with Section 18.20.160.
Proof of such payment shall be made to the Department of Development Services. The tenant household shall not be required by the property owner to vacate the premises until relocation payment is made to the tenant and proof thereo f is made to the Department of Development Services, unless the building, fire or health official determines that the building or structure is a dangerous building within the meaning of Section 18.02.020 or other applicable codes. The property owner shall also be responsible for reimbursing the City for any relocation payments the City makes or costs the City incurs under this chapter.
B. If the building, fire or health official determines that the unit or room is dangerous and must be vacated in less than ten (10) days, then the owner shall make required relocation payments to the tenant household in the form of a certified check, cashier's check, or money order, within two (2) business days after the order to vacate is issued and served in accordance with Section 18.20.160.
Proof of the payment shall be made to the Department of Development Services.
C. No relocation benefits pursuant to this chapter shall be payable to any tenant who has caused or substantially contributed to the condition or condition s giving rise to the order to vacate, as determined by the Department of Development Services, nor shall relocation benefits be payable to a tenant if any guest or invitee of the tenant has caused or substantially contributed to the condition giving rise t o the order to vacate, as determined by the Department of Development Services. The Department of Development Services shall make the determination whether a tenant, tenant's guest, or invitee, caused or substantially contributed to the condition giving ri se to the order to vacate. Service of a three (3) day notice, notice to terminate or unlawful detainer complaint shall not in and of itself render a tenant household ineligible for relocation benefits under this chapter.
D. An owner shall not be liable for relocation benefits if the Building Official determines that the building or structure became substandard or dangerous as the result of a fire, flood, earthquake, or other act of God beyond the control of the owner and the owner did not cause or contrib ute to the condition.
E. Delay in Payment of Relocation Assistance by Owner. If the owner fails, neglects, or refuses to pay relocation assistance to a displaced tenant, or a tenant subject to displacement, in accordance with this chapter, the City shall also be entitled to recover from the owner an additional amount equal to the sum of one -half (½) the amount so paid or due, but not to exceed ten thousand dollars ($10,000.00) cumulative per property, as a penalty for failure to make timely payment to the displaced tenant, plus the City's actual costs, including direct and indirect costs of administering the provisions of assistance to the displaced tenant or tenants.
18.25.090 – Relocation eligibility and assistance by City.
A. The City may assist tenants displaced or to be displaced due to code enforcement activity subject to this chapter by providing information, referral, monitoring, or other advisory assistance. Any tenant household interested in City assistance should contac t the Department of Development Services for relocation information. Failure by tenant households to contact the Department of Development Services shall not relieve property owners from their responsibility to provide relocation assistance.
B. Tenant ho useholds shall submit requests for relocation assistance to the Department of Development Services in order to establish the existence of a landlord -tenant relationship. The Department of Development Services shall make a determination as to whether a tenant household is eligible for relocation assistance within three (3) business days of receipt of a completed request for relocation assistance. If the Building Official has determined that the tenant household must vacate its unit or room in less than ten ( 10) days, the Department of Development Services shall THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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make a determination as to whether the tenant household is eligible for relocation assistance within two (2) business days of receiving a completed request for relocation assistance. Once an eligibility determination has been made, the Department of Development Services shall immediately provide written notice in English, Spanish, Korean and Khmer to the tenant household, the owner, and the Building Official regarding the eligibility determination and any relocation assistance owed.
C. If the owner fails, neglects or refuses to pay relocation assistance to a displaced tenant or a tenant subject to displacement, the City may advance all or a portion of the required payments to the tenant. If the City advances relocation assistance, or a portion thereof, the City shall be entitled to recover from the owner any amount so paid to a tenant pursuant to this Section, and the Department of Development Services shall notify the owner of the City's advancement of payment.
For the City to consider such payments, the tenant household must make a request to the Department of Development Services after the owner fails, neglects or refuses to make such required payments.
D. Any amount paid by the City on behalf of the owner and any applicable penalties and actual costs including incidental enforcement costs shall become delinquent thirty (30) days after notice by the City and may also be placed as a lien against the property of the owner by recording the lien in the office of the County Recorder for Los Angeles County. Any delinquent payments will accrue interest at the rate of twelve percent (12%) per year until paid.
E. The failure of the owner to pay the amounts to the City set forth in this chapter within the t ime specified constitutes a debt to the City. To enforce that debt, the City Manager or his or her designee may take any and all appropriate legal action, impose a lien as set forth above, or pursue any other legal remedy to collect such money.
18.25.100 – Immediate vacation.
If the Building Official determines that the building is dangerous and immediate vacation is required, immediate City payment of relocation benefits can be made to tenant households as soon as the tenant household is determined eligi ble by the Department of Development Services. The tenant household must sign a request for relocation assistance from the Department of Development Services in order to receive immediate relocation payments. Those payments and other related costs shall be a charge against the property owner, and the owner shall reimburse the City for these relocation costs.
Additionally, those costs may be collected, if need be, as outlined in Section 18.25.090. The payment of relocation assistance by the City shall be solely predicated upon the availability of City funds.
18.25.110 – Amount of relocation payments.
Each eligible tenant household shall receive monetary relocation assistance in the amount of three thousand three hundred sixty -six dollars ($3,366.00). Each eligible household with a disabled person displaced under this chapter shall also be entitled to reimbursement for structural modifications to the household paid for by the tenant household at the vacated premises up to a maximum value of an additional two thousand five hundred dollars ($2,500.00). The Department of Development Services shall increase both of these amounts on a percentage basis as determined by the change in the Consumer Price Index between January 1, 2005 and January 1 of the year in which the application for relocation assistance is filed with the Department of Development Services.
18.25.120 – Evictions to avoid payment of relocation assistance.
Owners shall not evict tenants to avoid their responsibility to pay relocation assistance to tenants under this chapter. Tenants receiving notices to terminate or quit from the property owner or owner's agent within ninety (90) days of a notice of substandard building shall be presumed eligible and entitled to collect relocation assistance pursuant to this chapter. However, this presumption may be rebutted upon a showing by the owner that the tenant has caused or substantially contributed to the condition or conditions giving rise to the order to vacate.
THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.25
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18.25.130 – Move-back option.
A displaced tenant household shall have the option of moving back into the rental unit or room from which it was required to move provided that such rental room or unit was a legally permitted rental room or unit at the time of displacement. If this is not possible, the displaced tenant household shall have the option of moving into an equivalent unit or room in the same building, as soon as it is ready for occupancy. If a tenant household wishes to avail itself of this option, it must inform the owner in writing of its current address at all times during the period of displacement.
The property owner shall notify a displaced tenant household at least thirty (30) days in advance by first class mail of the availability of the unit or room including monthly rent and date of availability. The notice shall inform the tenant household that it has ten (10) days to notify property owner of their intent to move back into the property. Within ten (10) days of receipt of notice of availability of the unit or room, a tenant household wishing to move back shall so notify the owner in writing.
If a tenant household wishing to move back into the unit or room is required to pay a security deposit, the household must be permitted sufficient time to do so. In no event may that time exceed sixty (60) days.
18.25.140 – Certificate of occupancy.
The City shall not give the owner a certificate of occupancy until such time as the owner provides the Department of Development Services and Building Official with written proof that he or she has properly notified all displaced tenant households in writing of their right to return to their unit or room, or an equivalent unit or room in the same building if this is not possible, for the same rent they were paying prior to displacement for a minimum of six (6) months.
The City shall not issue the owner a certificate of occupancy until such time as the Building Official has determined that all necessary repairs have been made to the building.
18.25.150 – Appeals.
Any property owner or tenant household may contest a decision by the Department of Development Services or his or her representative regarding eligibility, relocation payment amounts, or any other determination or claim made under this chapter. To do so, the party shall fil e a written request for an appeal with the Director of Development Services within ten (10) days of the decision, determination or claim. The Director or his or her designee shall hold a hearing at his or her earliest opportunity and in no event more than fourteen (14) days after the Director receives notice of the appeal. All notices from the Director shall be sent to both the property owner and all tenant households affected by the appeal.
The determination of the Director shall be final.
18.25.160 – Penalty.
Any person violating any provision or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor or infraction, as determined by the City Prosecutor. In addition to any penalty imposed for a violation of this chapter, any person violating or causing or permitting the violation of this chapter shall reimburse the City for any administrative costs or expenses the City incurs in administering this chapter. Those amounts may include any provisional relocation assistance provided to tenants, such as temporary housing, moving expenses, relocation payments, public health assistance, transportation, storage or other related services.
The remedies and penalties provided for in this section and chapter shall be in add ition to any other available remedies and penalties provided for by the Long Beach Municipal Code or other law.
18.25.170 – Private right of action.
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Tenant households subject to displacement and/or their legal representatives shall have standing as third party beneficiaries to file an action against the owner for injunctive relief and/or actual damages pursuant to this chapter.
Nothing herein shall be deemed to interfere with the right of a property owner to file an action against a tenant or nontenant third party for the damage done to the owner's property. Nothing herein is intended to limit the damages recoverable by any party through a private action.
18.25.180 – Application to heirs.
The provisions of this chapter shall apply to all property owners and their heirs, assigns and successors in interest.
18.25.190 – Relationship to other laws.
Nothing in this chapter is intended to prevent displaced households from securing any relocation assistance and/or benefits to which they may be entitled under any other local, State or federal law.
18.25.200 – Penalty fund.
Any and all penalties levied and collected by the City pursuant to this chapter shall be placed in a revolving fund and utilized at the sole discretion of the City to advance relocation assistance to tenants or households displaced as a result of code enforcement activities.
18.25.210 – Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
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CHAPTER 18.29 - MAINTENANCE OF VACANT LOTS
18.29.060 – Purpose.
18.29.070 – Definitions.
18.29.080 – General requirements for maintenance of vacant properties, lots or parcels.
18.29.090 – Proactive Rental Housing Inspection Program registration.
18.29.100 – Removal of Property from Registry.
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CHAPTER 18.29
MAINTENANCE OF VACANT LOTS
18.29.060 – Purpose.
Vacant lots are a major cause and source of visual and other blight in the City, especially when the owner or person in control of a vacant lot fails to maintain and manage the lot to ensure it does not become a liability to the neighborhood. Failure to ma intain vacant lots can result in reduced property values; vandalism, graffiti, dumping, and accumulation of litter and other debris. It is the purpose and intent of the City, through the adoption of this Chapter, to regulate vacant lots in the City as a mechanism to protect neighborhoods and commercial areas from becoming blighted due to the lack of adequate maintenance and security of vacant lots and to establish minimum standards of accountability on the owners or other responsible parties of vacant lots in order to protect the health, welfare and safety of the community.
18.29.070 – Definitions.
"Director" shall mean the Director of Development Services or designee.
“Owner” shall mean the responsible party, person or entity owning the vacant lot as shown on the last equalized tax assessment roll maintained in the Los Angeles County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession or control of the vacant lot by a court of competent jurisdiction.
"Vacant lot." For the purpose of this Chapter, a vacant lot shall mean any property, lot or parcel that is either undeveloped; or has an existing on site building or structure that is either abandoned, vacant or unleased by the property owner for more than thirty (30) consecutive days. A vacant lot shall not include lots for which construction on the lot is proceeding diligently to completion in compliance with Title 18 of this Code, or for which a building permit has been issued and has not yet expired in accordance with Title 18 of this Code. A vacant lot also shall not include any lot being lawfully utilized for small scale agricultural purposes in accordance with the provisions of Chapter 8.77 of this Code.
18.29.080 – General requirements for maintenance of vacant properties, lots or parcels.
Owners, including but not limited to, beneficiaries/trustees and other responsible parties, shall:
A. Maintain vacant lots and any perimeter fencing free of weeds, dry brush, dead vegetation, trash, garbage, j unk, debris, building materials, vehicles, cars, boats, campers, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items, including but not limited to, furniture, clothing, large and small appliances, graffiti, tagging or similar markings. The property owner or other responsible person must inspect the property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the property.
B. Enclose and secure the vacant lot with a three (3) foot high white vinyl rail perimeter fence or other suitable fencing material subject to the satisfaction of the Director. All fenc ing must be provided with a gate to allow access to the vacant lot for emergency services and such fencing shall be maintained in good condition at all times by the property owner. Broken or open fences shall be repaired or replaced within seventy-two (72) hours of notification by the City.
C. Subject to the provisions of Chapter 14.36 of this Code, obtain a permit and paint the property address of the vacant lot on the curbface adjacent to the property in conformance with the Uniform Standards described in Section 14.36.030, or any successor section.
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D. Within thirty (30) days after the lot becomes vacant or within thirty (30) days after the effective date of this Chapter, whichever is later, complete a vacant lot registration application on a form made available by the City and shall register the vacant lot with the Department of Development Services or other such department tasked with the registration of vacant lots. A reasonable extension of time may be granted by the Director for good cause.
E. At the time of registering the vacant lot pay an annual fee as established by resolution of the City Council to defray the cost of administering this Chapter. Said fee shall be prorated based upon the month of the year that the registration occurs and the fee is paid. Registration of a vacant lot shall be valid for a period of twelve (12) months. If the lot remains vacant at the expiration of any registration period, then the owner or responsible party shall re-register such vacant lot and pay an additional annual fee. The monitoring fee, which may be billed by the City on a quarterly basis, shall be applicable until such time as the lot is no longer vacant as defined in this Chapter.
F. The Director of Development Services shall have the authority to make sp ecific fee exemptions in a case where the property owner has agreed to allow the property to be used and operated for a specific community serving use and for a specific minimum time frame.
G. If the annual monitoring fee is not paid when due then the fee m ay be specially assessed against the property involved. If the fee is specially assessed against the property, said assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection and enforcement of real property taxes are applicable to the special assessment.
H. The City may also cause a notice of lien to be recorded against the property. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee or costs assessed against the property.
I. Hearing on charges. Within thirty (30) days from the date that the property owner is mailed a notice regarding the imposition of either yearly monitoring fees or code enforcement response fees or charges, the property owner may demand a hearing as t o the reasonableness of the fees or charges imposed. Such demand shall be in writing and presented to the Director of Development Services for the City of Long Beach. Said demand shall describe the property involved, state the reasons for objecting, and in clude an address of the property owner for service of notice in connection with such hearing. Such demand shall be presented by the City to the Board of Examiners, Appeals and Condemnation for hearing at its next regularly scheduled meeting that is not less than ten (10) and not more than forty-five (45) days thereafter. The Director of Development Services shall give written notice of such hearing to the address furnished by the property owner in the demand for an appeal hearing. At the time set for such h earing, the Board of Examiners, Appeals and Condemnation shall hear all evidence pertinent to the reasonableness of such fees and charges and shall either confirm or modify the charges. The decision of the Board of Examiners, Appeals and Condemnation shall be final. If the amount of the charges is uncontested by the property owner or as set by the Board of Examiners, Appeals and Condemnation on appeal, has not been paid within thirty (30) days after imposition or appeal hearing whichever is later, the payment thereof shall thereupon become delinquent and the amount so imposed or determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid, as determined by the tax collector.
18.29.090 – Non-compliance declared a nuisance.
Failure to comply with any of the applicable requirements of this Chapter shall constitute a public nuisance that may be abated by a civil or criminal action, including the imposition of an administrative citation and penalties in accordance with Chapter 9.65 of this Code and recovery of administrative costs and fees incurred by the City in accordance with Chapter 9.37 of this Code. Any violation of this Chapter may be enforced by any method provided by this Code for the abatement of nuisances. The administrative citation process described herein does not preclude the City from recovering any other THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.29
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Code violation or nuisance abatement costs incurred by the City in performing its enforcement efforts relating to vacant lots.
18.29.100 – Removal of Property from Registry.
Prior to the removal of a vacant lot from the registration requirement established by this Chapter, the condition(s) which initially compelled registration of the lot must be resolved and an inspection by the City to determine compliance completed. No owner of a vacant lot shall be relieved of the registration requirement until all City fees, fines, penalties, or costs as applicable are paid in full.
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CHAPTER 18.30 – PROACTIVE RENTAL HOUSING INSPECTION PROGRAM
18.30.010 – Findings and purpose.
18.30.020 – Definitions.
18.30.030 – Scope.
18.30.040 – Proactive Rental Housing Inspection Program registration.
18.30.050 – Proactive Rental Housing Inspection Program fees.
18.30.060 – Penalty.
18.30.070 – Appeal of late penalty.
18.30.080 – Hearing procedure.
18.30.090 – Hearing Board's decision.
18.30.100 – Tenant rights and responsibilities.
18.30.110 – Property owner contact representative.
18.30.120 – Inspections.
18.30.130 – Notice.
18.30.140 – Refusal to permit inspections.
18.30.150 – Change of ownership.
18.30.160 – Annual review of program.
18.30.170 – Regulations non-exclusive.
18.30.180 – Alternative non-exclusive remedies.
18.30.190 – Conflicts.
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CHAPTER 18.30
PROACTIVE RENTAL HOUSING INSPECTION PROGRAM
18.30.010 – Findings and purpose.
A. The Long Beach City Council finds and declares the desire to safeguard the stock of decent, safe, and sanitary rental housing in the City through a partnership of property owners, tenants, the City, and the community.
B. The City Council recognizes that the preservation of existing rental housing stock is important.
Rental housing provides needed housing for many and is a valuable asset that must be preserved and maintained. The City has significant interest in ensuring that rental housing remains a desirable housing option for its citizens.
C. Even though most rental housing in the City meets building and safety code requirements, overtime, housing may deteriorate due to circumstance or intentional or unintentional neglect by property owners, managers, and tenants. This deterioration may result in substandard conditions that adversely affect the economic values of neighboring structures, and that are hazardous to the public health and safety. In some cases, property owners choose not to make the necessary repairs because of cost, and tenants do not report the deficiencies.
D. California law requires that all rental housing properties comply with the minimum standards for public health, safety, and welfare. One (1) effective way to seek compliance with t hose standards is through routine periodic inspections of all rental housing properties and education of property owners and tenants regarding their respective rights and responsibilities. Accordingly, it is the intent of the Long Beach City Council to enact the provisions of this Chapter as the basis for establishing a Proactive Rental Housing Inspection Program aimed at securing City -wide compliance of rental housing properties with minimum standards. City -wide compliance will reduce and prevent blight and ensure that all persons who live in rental housing units are provided decent, safe, and sanitary housing.
E. As such, the City calls for the regulation and continuation of the self -funding, pro-active inspection programs for residential rental properti es consisting of four (4) or more dwelling units, known as the Proactive Rental Housing Inspection Program.
18.30.020 – Definitions.
As used in this Chapter, the following terms and phrases are defined as follows:
"Director" is the Director of Development Services or an authorized representative.
"Person" is and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heir s, executors, administrators, or assigns, or any combination of such persons.
"Property Owner" is any person who owns one (1) or more residential rental properties consisting of four (4) or more dwelling units. The terms "property owner," "owner," "landlord," "person," and "operator" may be used interchangeably herein.
"Residential Rental Property" is a property or building or portion of a building on a parcel of land where the parcel of land includes at least four (4) units that is rented or leased to tenants for residential purposes. This includes but is not limited to apartment houses, boarding houses, lodging houses, and rooming houses in the City of Long Beach.
"Tenant" is a person who occupies land or property rented from a property owner by means of a rental agreement.
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18.30.030 – Scope.
The provisions of this Chapter sh all apply to all owners of one (1) or more qualifying residential rental properties located within the City of Long Beach.
18.30.040 – Proactive Rental Housing Inspection Program registration.
A. Each owner or operator, on behalf of the owner, shall reg ister for the Proactive Rental Housing Inspection Program ("PRHIP") on a form provided by the City's Development Services Department.
Registration of existing residential rental properties which are subject to this Chapter shall be due within 60 days of No vember 1 of each year. Registration of residential rental properties which become subject to this Chapter after the first of November of each year shall be due within 60 days of the date that the residential rental property was acquired or converted into a residential rental property.
B. No person shall engage in the business of leasing rental housing consisting of four (4) or more units, unless:
1. Each qualifying residential rental property is registered with the City;
2. The annual PRHIP fee is paid for each residential rental property when payment is due; and
3. The property owner's residential rental business license fee is current.
C. A residential rental property is registered with the City when the property owner submits the following to the City's Code Enforcement Bureau in the Department of Development Services:
1. A completed registration form, provided by the City, that contains the following information:
a. A description of the residential rental property, including but not limited to, the street address and assessor's parcel number;
b. The number and a description of all rental housing units on the rental property;
c. The name and current contact information for the owner of the rental property;
d. The name and current contact information for the local contact representative as described in Section 18.30.110; and
e. Any other information as reasonably required by the Code Enforcement Bureau.
2. The annual PRHIP fee is paid.
D. All registrations shall be subject to verification by the Director. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required to register a rental housing unit pursuant to this Section.
18.30.050 – Proactive Rental Housing Inspection Program fees.
A. Each annual registration for the PRHIP shall be accompanied by a non -refundable fee in the amount established by resolution of the City Council. The fee shall be used to defray the costs of the administration and enforcement of this Chapter.
B. The annual PRHIP fee shall be levied for the program year and each applicant shall pay the full fee for the program year upon submission of the application for that year's PRHIP registration. For residential rental properties which become subject to this Chapter after November of each calendar year, program fees shall be prorated on a quarterly basis.
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C. A re-inspection fee shall be imposed when an additional inspection is conducted during the program year in accordance with Subsection 18.30.120(D) of this Chapter. The fee shall pay for the costs of the re-inspection.
D. The PRHIP fee required by this Ch apter is in addition to and not in lieu of any general business license tax that may be required by Title 5.
E. The City Council shall establish the amounts of the foregoing fees and any penalties for delinquent payment of such fees by resolution.
18.30.060 – Penalty.
A. Failure to Pay Annual Fee. In addition to any remedies the City may elect to pursue pursuant to this Code, for failure to pay the annual PRHIP fee when due, the Director of Development Services shall add a penalty of twenty-five percent (25%) of the permit fee 30 days following the due date.
B. Interest. The failure of the owner to pay the PRHIP fee or late penalty may result in the imposition of a special assessment and/or lien against the residential rental property on which the vio lation occurred, after which the amount so determined shall bear interest at the rate of twelve percent (12%) per annum until paid, and/or filing of an action with the Small Claims Court for recovery of the fine and late penalty. The only issue to be adjud icated by the Small Claims Court shall be whether or not the fines and possible late fees were paid. In the Small Claims Court action, the City may also recover its costs, according to proof.
C. Failure to Register. If an owner fails to register for the PRHIP as required by this Chapter, the fee due shall be that amount due and payable from the first date when the person engaged in the residential rental business in the City after the effective date of this Chapter, together with the penalty prescribed in Subsection D.
D. Penalties for noncompliance.
1. The violation of any provision of this Chapter is unlawful and constitutes a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or a jail term of not more than six (6) m onths, or both. Each and every day a violation occurs shall be deemed a separate violation.
2. In addition to the remedies set forth herein, the City in its sole discretion, may also issue Administrative Citations in accordance with Chapter 9.65 to any p erson or entity that violates the provisions of this Chapter.
18.30.070 – Appeal of late penalty.
A. Any recipient of a late penalty may appeal said penalty by completing a written request for hearing form, obtained as directed on the citation, and returning it to the Code Enforcement Bureau, within thirty (30) calendar days from the date the late penalty is assessed, together with a deposit in the total amount of the fee and any late charges.
B. Failure to file a timely appeal of the late penalty shall be deemed a waiver of the right to appeal and to seek judicial review.
C. The hearing will proceed before the Board of Examiners, Appeals, and Condemnation in accordance with the procedure set forth in Section 18.30.080.
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18.30.080 – Hearing procedure.
A. No hearing to appeal an administrative citation shall be held unless and until a request for hearing form has been completed and submitted, and the deposit has been paid.
B. A hearing before the Board of Examiners, Appeals, and Condemnation shall be set for a date not sooner than fifteen (15) calendar days and not more than sixty (60) calendar days from the date the request for hearing is completed and submitted in accordance with the provisi ons of this Chapter. The cited party requesting the hearing shall be notified in writing of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing.
C. The Board of Examiners, Appeals, and Condemnation shall only consider evidence that is relevant to whether the late payment penalty is proper. Courtroom rules of evidence shall not apply.
Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the Board of Examiners, Appeals, and Condemnation determines that such evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the Board of Examiners, Appeals, and Condemnation in accordance with the fundamental s of due process. The Board of Examiners, Appeals, and Condemnation may set reasonable limits on the length of the hearing, and shall allow the appellant at least as much time to present his/her case as is allowed to the City.
D. The failure of the appel lant to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
E. Any documents prepared by the City in connection with the late payment penalty assessed may be submitted and shall constitute prima facie evidence of the respective facts contained in those documents.
F. The Board of Examiners, Appeals, and Condemnation may continue the hearing or request additional information from the enforcement officer, his/her designee or the appellant prior to issuing a written decision.
18.30.090 – Board of Examiners, Appeals, and Condemnation’s decision.
A. After considering al l of the testimony and evidence submitted at the hearing, the Board of Examiners, Appeals, and Condemnation shall issue a written decision within fifteen (15) business days of the hearing. The decision of the Board of Examiners, Appeals, and Condemnation shall be final.
B. If the Board of Examiners, Appeals, and Condemnation denies the appeal, then the deposit shall be retained by the City.
C. If the Board of Examiners, Appeals, and Condemnation grants the appeal, then the City shall refund the deposit within thirty (30) business days from the date of the final written decision.
D. The appellant and City shall each be served with a copy of the Board of Examiners, Appeals, and Condemnation’s written decision.
18.30.100 – Tenant rights and responsibilities.
After August 1, 2015, prior to the commencement of any tenancy of a rental housing unit, the property owner shall provide the tenant(s) with information concerning tenant rights and responsib ilities. The information shall be provided in a form or forms approved by the Director.
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18.30.110 – Property owner contact representative.
A. All property owners shall designate a contact representative with full authority to act on behalf of the owner for all purposes under this Chapter, including the acceptance of service of all notices from the City. The owner of the rental property may act as the contact representative.
B. A contact representative must establish and maintain a telephone number an d a mailing address.
18.30.120 – Inspections.
A. Inspection requests. In accordance with the requirements of this Subsection, the City shall be authorized to periodically conduct an inspection of residential rental properties to assure compliance with all applicable building, housing, and sanitation codes and ordinances. Owners and tenants shall provide access to all common areas of a residential rental property for inspection when requested by the City's Code Enforcement Bureau and provide notice to tenants of the date of inspection.
B. Frequency of inspections. It is the intent of the City that all residential rental properties subject to this Chapter will receive a periodic inspection.
C. Random sampling inspections. The inspection shall be made of the exterior of the property, all common areas, all exits, and will consist of a random sampling of no less than ten percent (10%) of the rental units and garages where applicable in a residential rental property. If the inspector determines that one (1) or more violations exist on the property, the inspector may conduct an inspection of additional units up to one hundred percent (100%) of the units.
D. Re-inspections. If during the inspection or any subsequent inspection there are building, housing, sanitation code, other Long Beach Municipal Code violations, or permit violations on the property which prevent the City Inspector from issuing a compliance card, one (1) or more re-inspections of the residential rental property may be required before a compliance card is issued.
E. Code enforcement. When during an inspection a building, housing, sanitation code, or Long Beach Municipal Code violation is noted, the City Inspector shall document the violation, advise the owner or operator of the violation and of the action which must b e undertaken and completed in order to remedy the violation. Failure to abate code violations in a timely manner may result in additional enforcement action in accordance with Titles 9 and 18.
F. Administrative Citation schedule. When during an inspection a building, housing, sanitation code, or Long Beach Municipal Code violation is noted that poses an imminent threat to the health and safety of the occupants or surrounding residents, the City Inspector will notify the ow ner of the violation in accordance with Subsection 18.30.120.E, and will notify the City Prosecutor's Office of the violation within twenty-four (24) hours of the inspection. If the owner fails to abate the violation within seventy-two (72) hours, the City Inspector may issue an administrative citation every fifteen (15) days for each continuing violation.
G. Compliance card. Upon the successful completion of an inspection, subsequent inspection, or re - inspection of the residential rental property establi shing that the property and its occupancy are in compliance with all applicable building, housing, and sanitation codes, or Long Beach Municipal Code requirements, the City shall issue a compliance card to the owner. Notwithstanding the foregoing, a compliance card shall not preclude code enforcement or investigation on the property if during the rental housing inspection certification period a code violation on the property is reported to the City or otherwise observed by the City.
18.30.130 – Notice.
A. The City shall serve written notice of the date and time of any inspection to be conducted pursuant to this Chapter, by mailing such notice at least fourteen (14) calendar days prior to the date of the THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.30
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inspection. Notice shall be mailed to the owner and the local contact representative at their registered mailing address. In the case of multiple owners of the same property, notice to any one (1) of the property owners designated on the registration application is sufficient notice.
B. The City shall also mail a copy of the inspection notice to the rental housing units on the property.
18.30.140 – Refusal to permit inspections.
A. If an inspection is scheduled and entry is thereafter refused or cannot be obtained, the inspector shall have recourse to e very remedy provided by law to secure lawful entry and inspect the premises, including but not limited to securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57. The inspector shall provide notice tha t a warrant has been issued to both the owner/operator and the tenant, invitee, or guest at least 24 - hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary under the circumstances shown.
B. Notwithstanding the foregoing, if the inspector has reasonable cause to believe that the residential rental property is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health and safety, the inspector shall have the rig ht to immediately enter and inspect the premises and may use any reasonable means required to effect the entry and make an inspection.
18.30.150 – Change of ownership.
When ownership of a residential rental property changes, either the prior owner shall notify the Director of this event prior to the recordation of an instrument of conveyance with the Los Angeles County Recorder's office or the new owner shall notify the Director within sixty (60) days after recordation of an instrument of conveyance with the Los Angeles County Recorder's office. If the Director is not so notified, the existing registration and any associated compliance card for the residential rental property shall automatically be null and void. The new owner will not have to pay the pro gram fees until the following calendar year provided all fees were paid by the prior owner of the residential rental property.
18.30.160 – Annual review of program.
City staff shall provide data related to PRHIP including but not limited to, the number of inspections performed, cases opened, cases resolved, and cases reported to the State Tax Franchise Board, in the required annual Housing Element report for the City Council to review the effectiveness of these regulations, and shall enact modifications, if necessary.
18.30.170 – Regulations non-exclusive.
The provisions of this Chapter regulating residential rental properties are not intended to be exclusive and compliance with this Chapter shall not excuse noncompliance with any other applicable provision, requirement, or regulation of this Code or any app licable state and/or federal law. Nothing in this Chapter shall limit or preclude inspections conducted by the Fire Department for compliance with Fire Codes.
18.30.180 – Alternative non-exclusive remedies.
In addition to the remedies and penalties set forth herein, the City in its sole discretion, may also refer any qualifying property to the State Franchise Tax Board Substandard Housing Program to disallow income tax deductions claimed for interest, taxes, amortization, and depreciation related to substandard housing or to issue an Administrative Citation in accordance with Chapter 9.65 to any person or entity that violates the provisions of this Chapter.
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18.30.190 – Conflicts.
If the provisions, requirements, or regulations of this Chapter conflic t with or contravene any other provision, requirement, or regulation of this Code, the provisions, requirements, or regulations of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.
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CHAPTER 18.40 BUILDING CODE
18.40.010 – Adoption of California Building Code.
18.40.020 – Amend CBC Section 201.4—Terms not defined.
18.40.040 – Amend CBC Section 302.1—Classification.
18.40.050 – Amend CBC Section 901.2—Fire protection system.
18.40.060 – Add CBC Section 901.8—Protection of fire protection systems and equipment.
18.40.070 – Amend CBC Section 903.1—General.
18.40.080 – Amend CBC Section 903.2—Where required.
18.40.085 – Amend CBC Section 903.2.8—Group R.
18.40.090 – Add CBC Section 903.3.5.3—Hydraulic calculations margin.
18.40.100 – Add CBC Section 903.3.9.1—Control valve location.
18.40.110 – Add CBC Section 903.4.1.1—Signal reporting.
18.40.120 – Amend CBC Section 903.4.2—Alarms.
18.40.130 – Add CBC Section 903.4.4—Remote annunciator.
18.40.140 – Add CBC Section 905.1.1—Design.
18.40.150 – Amend CBC Section 905.4 Subsection 1—Location of Class I standpipe hose connections.
18.40.160 – Add CBC Sections 907.1.6 through 907.1.10—General.
18.40.170 – Amend CBC Section 907.3.1 and Exception 2—Duct smoke detectors.
18.40.180 – Add CBC Section 907.9—Fire alarm upgrade.
18.40.190 – Add CBC Section 907.10—Smoke removal system.
18.40.200 – Amend CBC Section 910.3—Smoke and heat vents.
18.40.210 – Add CBC Section 910.3.4—Sprinkler buildings.
18.40.220 – Add CBC Section 912.1.1—Design.
18.40.230 – Amend CBC Section 912.2.1—Visible location.
18.40.240 – Amend CBC Section 912.4—Access.
18.40.250 – Add CBC Section 1003.8—Protection of means of egress.
18.40.260 – Add CBC Sections 1011.12.3 and 1011.12.4—Stairway to roof.
18.40.270 – Amend CBC Section 1207.4—Efficiency dwelling units.
18.40.280 – Amend CBC Section 1612.3—Establishment of flood hazard areas.
18.40.290 – Amend CBC Section 1612.4—Flood hazard documentation.
18.40.300 – Add CBC Sections 1613.5 and 1613.5.1—Amendments to ASCE 7.
18.40.310 – Add CBC Section 1613.5.2—Wood Diaphragms.
18.40.320 – Add CBC Section 1613.5.3—Structural separation.
18.40.330 – Add CBC Section 1613.6—Suspended ceiling.
18.40.340 – Amend CBC Section 1704.6—Structural observations.
18.40.350 – Amend CBC Section 1704.6.1—Structural observations for structures.
18.40.360 – Amend CBC Section 1705.3—Concrete construction.
18.40.370 – Amend CBC Section 1705.13—Special inspections for seismic resistance.
18.40.380 – Amend CBC Section 1707.1—Alternative test procedure.
18.40.390 – Amend CBC Section 1807.1.4—Permanent wood foundation systems.
18.40.400 – Amend CBC Section 1807.1.6—Prescriptive design of concrete and masonry foundation walls.
18.40.410 – Amend CBC Section 1807.2—Retaining walls.
18.40.420 – Amend CBC Section 1807.3.1—Limitations.
18.40.430 – Amend CBC Section 1809.3—Stepped footings.
18.40.440 – Amend CBC Section 1809.7 and Table 1809.7—Prescriptive footings for light-frame construction.
18.40.450 – Amend CBC Section 1809.12—Timber footings.
18.40.460 – Amend CBC Section 1810.3.2.4—Timber.
18.40.470 – Amend CBC Sections 1905.1 and 1905.1.7—ACI 318.
18.40.480 – Add CBC Sections 1905.1.9 thru 1905.1.11, ACI 318.
18.40.490 – Amend CBC Section 2304.10.2—Fastener requirements.
18.40.500 – Add CBC Section 2304.10.3.1—Quality of nails.
18.40.510 – Amend CBC Section 2304.12.2.8—Wood used in retaining walls and cribs.
18.40.520 – Add CBC Section 2305.4—Hold-down connectors.
18.40.530 – Amend CBC Section 2306.2—Wood-frame diaphragms.
18.40.540 – Amend CBC Section 2306.3—Wood-frame shear walls.
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18.40.550 – Add CBC Section 2307.2—Wood-frame shear walls.
18.40.560 – Amend CBC Table 2308.6.1—Wall bracing requirements.
18.40.570 – Amend CBC Section 2308.6.5.1 and Figure 2308.6.5.1—Alternate braced wall.
18.40.580 – Amend CBC Section 2308.6.5.2 and Figure 2308.6.5.2—Portal frame with hold-downs.
18.40.590 – Amend CBC Section 2308.6.8.1—Foundation requirements.
18.40.600 – Amend CBC Section 2308.6.9—Attachment of sheathing.
18.40.610 – Amend CBC Section 2503.1—Inspection.
18.40.620 – Amend CBC Section 3007.6.1—Access to interior exit stairway or ramp.
18.40.630 – Amend CBC Chapter 3115—Intermodal shipping containers.
18.40.650 – Amend CBC Section G101.3—Flood hazard scope.
18.40.660 – Amend CBC Section G101.4—Flood hazard violation.
18.40.670 – Amend CBC Section G101.5—Flood hazard designation of local floodplain administrator.
18.40.680 – Add CBC Section G101.6—Flood hazard disclaimer of liability.
18.40.690 – Amend CBC Section G103.1—Flood hazard general.
18.40.700 – Amend CBC Section G103.2—Flood hazard establishment.
18.40.710 – Add CBC Section G103.3—Flood hazard interpretation of FIRM boundaries.
18.40.720 – Amend CBC Section G104.3—Flood hazard determination of design flood elevation.
18.40.730 – Amend CBC Section G104.5—Flood hazard floodway encroachment.
18.40.740 – Amend CBC Sections G104.6 and G104.6.1—Flood hazard watercourse alteration and engineering analysis.
18.40.750 – Amend CBC Section G104.7—Flood hazard alterations in coastal areas.
18.40.760 – Add CBC Section G104.11—Flood hazard letter of map revision.
18.40.770 – Amend CBC Section G105.4—Flood hazard expiration.
18.40.780 – Amend CBC Section G106.1—Flood hazard general variance.
18.40.790 – Amend CBC Section G106.2—Flood hazard records.
18.40.800 – Amend CBC Section G106.7—Flood hazard conditions for issuance.
18.40.810 – Amend CBC Section G102.1—Flood hazard general definitions.
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CHAPTER 18.40
BUILDING CODE
18.40.010 – Adoption of California Building Code.
The City Council adopts and incorporates by reference as though set forth in full in this chapter the 2022 Edition of the California Building Code (herein referred to as the “California Building Code”). The California Building Code is Part 2 of the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part is based on the provisions of the 2021 Edition of the International Building Code (herein referred to as the “Internatio nal Building Code”) as developed by the International Code Council with necessary California amendments. The following appendices of the California Building Code are included: Appendices C, G, I, and P. The following sections, chapters or appendices of the California Building Code are deleted: Sections 101 through 116 of Chapter 1, Division II, Section 3113 of Chapter 31, and Section 3308 of Chapter 33; Chapters 27, 28, 29, 31A, 31C, 31D, 31E, 31F, 32, and 34; and Appendices A, B, D, E, F, H, J, K, L, M, N, and O.
The adoption of the California Building Code is subject to the changes, amendments and modifications to said code as provided in this chapter, and certain provisions of the Long Beach Municipal Code, which shall remain in full force and effect as provided in this title. Such codes and code provisions shall constitute and be known as the Long Beach Building Code. A copy of the California Building Code, printed as code in book form, shall be on file in the Office of the City Clerk.
18.40.020 – Amend CBC Section 201.4—Terms not defined.
Section 201.4 of the California Building Code is amended to read as follows:
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Webster's Third New International Dictionary of the English Language, Unabridged , shall be considered as providing ordinarily accepted meanings.
18.40.040 – Amend CBC Section 302.1—Classification.
The last two sentences in Section 302.1 of the California Building Code is amended to read as follows:
Where a structure is proposed for a purpose that is not specifically listed in this section or about which there is any question , such structure shall be classified, as determined by the Building Official, in the occupancy it most nearly resembles based on the fire safety and relative hazard. Occupied roofs shall be classified, as determined by the Building Official, in the group t hat the occupancy most nearly resembles, according to the fire safety and relative hazard, and shall comply with Section 503.1.4.
18.40.050 – Amend CBC 901.2—Fire protection systems.
Exception in Section 901.2 of the California Building Code is amended to read as follows:
Exception: Any fire protection or life-safety system not required by this code or the California Fire Code shall be permitted to be installed for complete protection throughout the entire building or structure provided that suc h system meets the requirements of this code or the California Fire Code. Any fire protection or life-safety system not required by this code or the California Fire Code may be permitted to be installed for partial protection provided the building or structure or portion thereof is separated by fire walls without door or window openings if approved by the Fire Code Official.
18.40.060 – Add CBC Section 901.8—Protection of fire protection systems and equipment.
Section 901.8 is added to Chapter 9 of the California Building Code is to read as follows:
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901.8 Protection of fire protection systems and equipment. Fire protection systems and equipment subject to possible vehicular damage shall be adequately protected with guard posts in accordance with Section 312 Vehicle Impact Protection of the California Fire Code, as amended in Chapter 18.48.
18.40.070 – Amend CBC Section 903.1—General.
Section 903.1 of the California Building Code is amended to read as follows:
903.1 General. Automatic sprinkler systems shall comply with this section.
903.1.1 Alternative protection. Alternative automatic fire -extinguishing systems comply ing with Section 904 shall be permitted in lieu of automatic sprinkler system protection where recognized by the applicable standard and approved by the Fire Code Official.
903.1.2 Existing buildings. An automatic sprinkler system shall be installed in all e xisting occupancies as required by this section if any of the following occurs:
1. A change in occupancy classification to another occupancy classification that would require an automatic sprinkler system as required by this code for the new occupancy.
2. A determination by the Fire Code Official that an automatic sprinkler system is required to provide a minimum level of public safety.
903.1.3 Partial automatic sprinkler systems. Partial automatic sprinkler systems are not allowed.
Where automatic sprinkler systems are required to be installed by this section, any other sections in this code or the California Fire Code , any nationally recognized standards, or are electively installed, the automatic sprinkler system shall be installed throughout the entir e building or structure. Partial protection may be allowed provided the building or structure or portion thereof is separated by fire walls without door or window openings if approved by the Fire Code Official.
18.40.080 – Amend CBC Section 903.2—Where required.
Section 903.2 of the California Building Code is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.
All new commercial, industrial or nonresidential buildings or structures that require two or more exits or that are greater than 3,000 square feet (279 m2) shall be protected by an automatic sprinkler system.
18.40.085 – Amend CBC Section 903.2.8—Group R.
Section 903.2.8 of the California Building Code is amended by the addition of the following paragraphs to read as follows:
All new multi-family (3 or more units) residential, hotels, motels, or similar buildings shall be protected by an automatic sprinkler system.
All new single-family dwellings and duplexes shall be protected by an automatic sprinkler system.
18.40.090 – Add CBC Section 903.3.5.3—Hydraulic calculations margin.
Section 903.3.5.3 is added to Chapter 9 of the California Building Code to read as follows:
903.3.5.3 Hydraulic calculations margin. Fire protection system hydraulic calculations shall include a ten percent (10%) safety margin between the available water supply and the required system supply.
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18.40.100 – Add CBC Section 903.3.9.1—Control valve location.
Section 903.3.9.1 is added to Chapter 9 of the California Building Code to read as follows:
903.3.9.1 Control valve location. Fire sprinkler system control valves shall be located within stairway designated as “Number 1”, as required by the Fire Code Official.
18.40.110 – Add CBC Section 903.4.1.1—Signal reporting.
Section 903.4.1.1 is added to Chapter 9 of the California Building Code to read as follows:
903.4.1.1 Signal reporting. All signals shall be transmitted to the remote annunciator and supervising station with the specific location, type and address of each device.
18.40.120 – Amend CBC Section 903.4.2—Alarms.
Section 903.4.2 of the California Building Code is amended to read as follows:
903.4.2 Alarms. One exterior approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic spr inkler system. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907. The exterior alarm device shall be a horn and strobe device or a speaker and strobe (for voice eva cuation systems), located on the address side of the building, 10 feet above grade with no building obstructions and closest to the location of the fire department connection. This device shall be operable on any alarm.
903.4.2.1 Alarms. At least one (1) additional horn and strobe device is required on the interior of a building at the main entrance or in a location as approved by the Fire Code Official.
903.4.2.2 Manual pull station. At least one (1) manual pull station is required on the interior of a building at the main entrance or in a location as approved by the Fire Code Official.
18.40.130 – Add CBC Section 903.4.4—Remote annunciator.
Section 903.4.4 is added to Chapter 9 of the California Building Code to read as follows:
903.4.4 Remote annunciator. A remote annunciator shall be provided at the main entrance, the first suite in a multi -suite building, or in a location as approved by the Fire Code Official. The remote annunciator shall be key operated and shall have the capability to silence and reset the system, or by other approved means. The visual description shall lock in until the system is reset and shall not be cancelled by operation of an audible alarm-silencing switch.
18.40.140 – Add CBC Section 905.1.1—Design.
Section 905.1.1 is added to Chapter 9 of the California Building Code to read as follows:
905.1.1 Design. All standpipe systems, except Class II systems, shall be designed to deliver a minimum of one hundred twenty-five (125) psi at the discharge of all standpipe outlets.
18.40.150 – Amend CBC Section 905.4 Subsection 1—Location of Class I standpipe hose connections.
Subsection 1 of Section 905.4 of the California Building Code is amended to read as follows:
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1. In every required stairway, a hose connection shall be provided for each floor level. Hose connection shall be located at the floor landing of each floor, unless otherwise approved by the Fire Code Official. See Section 909.20.2.3 for additional provisions in smokeproof enclosures.
18.40.160 – Add CBC Sections 907.1.6 through 907.1.10—General.
Sections 907.1.6 through 907.1.10 are added to Chapter 9 of the California Building Code to read as follows:
907.1.6 Voluntary. Any fire alarm system not required by this code or the California Fire Code shall be furnished for complete protection and meet all requirements of this code an d the California Fire Code, unless approved by the Fire Code Official.
907.1.7 Evacuation. Buildings over 3 stories may be required to provide building evacuation based on the floor of alarm, the floor above and the floor below, in lieu of a general alarm, at the discretion of the Fire Code Official.
907.1.8 Control panels. Fire alarm system control panels, including sprinkler monitoring panels, shall be utilized for connecting and supervising fire alarm and/or fire related equipment only. Security or similar devices shall not be connected to a fire alarm or sprinkler monitoring control panel. The use of control panels capable of this feature is subject to the following:
1. The owner of the facility where the panel is to be installed shall provide an orig inal letter on a company letterhead to the Long Beach Fire Department stating that not now, nor in the future, will security or similar equipment be connected to the fire alarm or sprinkler monitoring control panel.
2. New and/or existing control panels i nstalled after the adoption of this ordinance and found to be in violation of this requirement shall be subject to corrective action as determined by the Fire Code Official.
907.1.9 Remote annunciator. A remote annunciator shall be provided at the main e ntrance, the first suite in a multi -suite building, or in a location as approved by the Fire Code Official. The remote annunciator shall have the capability to silence and reset the system by an approved key located in the Knox box or other approved means.
907.1.10 Alarms. Where fire alarm systems are installed in nonsprinklered buildings , an exterior horn and strobe device shall be installed and located on the address side of the building closest to the location of the remote annunciator.
18.40.170 – Amend CBC Section 907.3.1 and Exception 2—Duct smoke detectors.
Section 907.3.1 and Exception 2 of Section 907.3.1 of the California Building Code is amended to read as follows:
907.3.1 Duct smoke detectors. Smoke detectors installed in ducts shall b e listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building’s fire alarm system or sprinkler monitoring system, when one is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location and shall perform the intended fire safety function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection.
Exceptions:
1. The supervisory signal at a constantly attended location is not required where above duct smoke detectors activate the building’s alarm notification appliances.
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2. In occupancies not required to be equipped with a fire alarm or sprinkler monitoring system, actuation of a duct smoke detector shall activate a visible and an audible signal in an approved location. Duct smoke detector trouble condition shall activate a visible or audible signal in an approved location and shall be identified as an air duct detector trouble.
18.40.180 – Add CBC Section 907.9—Fire alarm upgrade.
Section 907.9 is added to Chapter 9 of the California Building Code to read as follows:
907.9 Fire alarm upgrade. All existing multi -family residential, hotels, motels and high -rise buildings shall upgrade the existing fire alarm system to current code, at the time of replacement of the existing fire alarm control panel.
18.40.190 – Add CBC Section 907.10—Smoke removal system.
Section 907.10 is added to Chapter 9 of the California Building Code to read as follows:
907.10 Firefighter smoke removal system. A natural or mechanical Fire Department approved ventilation system for the removal of products of combustion shall be provided above and below grade on every level, at the discretion of the Fire Code Official, and shall consist of one of the following:
1. Panels or windows in the exterior walls which can be opened remotely from an approved location other than the fire floor. Such venting facilities shall be provided at the rate of twenty square feet per lineal feet of ex terior wall in each story and shall be distributed around the perimeter at not more than fifty-foot intervals. Such windows or panels and their controls shall be clearly identified.
Exception: When a complete automatic fire extinguishing system is install ed, windows or panels manually openable from within the fire floor or approved fixed tempered glass may be used in lieu of the remotely operated openable panels and windows. Such windows shall be clearly identified and shall be of the size and spacing called for above.
2. When a complete and approved automatic fire extinguishing system is installed, the mechanical air-handling equipment may be designed to accomplish smoke removal. Under fire conditions, the return and exhaust air shall be moved directly to the outside without recirculation to other sections of the building. The air -handling system shall provide a minimum of one exhaust air change each ten minutes for the area involved. The system shall utilize a firefighter smoke exhaust panel located at th e main entrance to the building or as required by the Fire Code Official and shall be permanently labeled “Fire Department Smoke Evacuation Use Only”.
Operation of the system shall be by the use of a Knox key switch.
3. Any other design which will produce equivalent results as approved by the Fire Code Official.
18.40.200 – Amend CBC Section 910.3—Smoke and heat vents.
Section 910.3 of the California Building Code is amended to read as follows:
910.3 Smoke and heat vents. The design and installation of smoke and heat vents shall be in accordance with Sections 910.3.1 through 910.3.6.
18.40.210 – Add CBC Section 910.3.6—Sprinkler buildings.
Section 910.3.6 is added to Chapter 9 of the California Building Code to read as follows:
910.3.6 Sprinkler buildings. Smoke and heat vents fusible links shall be designed at a minimum of 100 degrees above the temperature rating of the fire sprinklers.
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18.40.220 – Add CBC Section 912.1.1—Design.
Section 912.1.1 is added to Chapter 9 of the California Building Code to read as follows:
912.1.1 Design. Fire Department connections, where required, shall be provided with a minimum number of two (2) 2 -1/2 inch inlets, regardless of the size of the fire sprinkler system. Where fire protection system demands are in excess of 1,000 gpm , a minimum of four (4) 2 -1/2 inch inlets shall be provided.
Hazardous locations, high -rise buildings or where fire protection sys tem demands are in excess of 2,000 gpm, a second fire department connection utilizing four (4) 2 -1/2 inch inlets may be required at the discretion of the Fire Code Official.
18.40.230 – Amend CBC Section 912.2.1—Visible location.
Section 912.2.1 of the California Building Code is amended by the addition of the following paragraph to read as follows:
912.2.1 Visible location. Fire department connections shall be located on the address side of buildings or structures and shall be within 150 feet of a publi c fire hydrant, except as required by the Section 507.5.1.1 of the California Fire Code, or as approved by the Fire Code Official.
18.40.240 – Amend CBC Section 912.4—Access.
Section 912.4 of the California Building Code is amended to read as follows:
912.4 Access. Immediate access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or other fixed or movable object. Access to fire department connections shall be approved by the Fire Code Official.
Fire department connections, where located in landscaping or other similar areas, shall be provided with a minimum 3-foot concrete pad around the fire department connection, and an approved concrete pathway leading to the fire department connection.
Exceptions:
1. Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire code official and shall be maintained operational at all times.
2. When acceptable to the fire enforcing agency, fire depar tment connections for Group I -3 detention facilities may be located inside all security walls or fences on the property.
18.40.250 – Add CBC Section 1003.8—Protection of means of egress.
Section 1003.8 is added to Chapter 10 of the California Building Code to read as follows:
1003.8 Protection of means of egress. When the Fire Code Official determines t hat means of egress require protection from possible vehicular damage, crash posts shall be installed in accordance with Section 312 Vehicle Impact Protection of the California Fire Code.
18.40.260 – Add CBC Sections 1011.12.3 and 1011.12.4—Stairway to roof.
Sections 1011.12.3 and 1011.12.4 are added to Chapter 10 of the California Building Code to read as follows:
1011.12.3 Ladder. A fixed ladder shall be provided for access to the hatch or trap door.
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1011.12.4 Stairway 1. When a stairway to the roof is required, it shall be designated as “Stairway 1.”
18.40.270 – Amend CBC Section 1207.4—Efficiency dwelling units.
Section 1207.4 of the California Building Code is amended to read as follows:
1207.4 Efficiency dwelling units. As modified pursuant to California Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
1. The unit for occupancy by no more than two persons shall have a minimum floor area of 150 square feet. An additional 50 square feet of floor area shall be provided for each occupant of such unit in excess of two.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities , each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall also be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
18.40.280 – Amend CBC Section 1612.3—Establishment of flood hazard areas.
Section 1612.3 of the California Building Code is amended to read as follows:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the City shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Feder al Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Long Beach" dated July 6, 1998, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
18.40.290 – Amend CBC Section 1612.4—Flood hazard documentation.
Section 1612.4 Items 1.1 and 2.1 of the California Building Code are amended to read as follows:
1.1 The elevation of the lowest floor, including the basement, as required by the lowest floor elevation inspection in Subsection 18.07.050.A. 4 of the Long Beach Municipal Code and for the final inspection in Subsection 18.07.050.A.15 of the Long Beach Municipal Code.
2.1 The elevation of the bottom of the lowest horizontal structural member as required by the lowest floor elevation inspection i n Subsection 18.07.050.A.4 of the Long Beach Municipal Code and for the final inspection in Subsection 18.07.050.A.15 of the Long Beach Municipal Code.
18.40.300 – Add CBC Sections 1613.5 and 1613.5.1—Amendments to ASCE 7.
Sections 1613.5 and 1613.5.1 are added to Chapter 16 of the California Building Code to read as follows:
1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7.
1613.5.1 Values for Vertical Combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
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3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
18.40.310 – Add CBC Section 1613.5.2—Wood Diaphragms.
Section 1613.5.2 is added to Chapter 16 of the California Building Code to read as follows:
1613.5.2 Wood Diaphragms. Modify ASCE 7 Section 12.11.2.2.3 as follows:
12.11.2.2.3 Wood Diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section. Continuous ties required by this section shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toenails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective for providing the ties or struts required by this section
For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:
1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.
18.40.320 – Add CBC Section 1613.5.3—Structural separation.
Section 1613.5.3 is added to Chapter 16 of the California Building Code to read as follows:
1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:
(12.12-1)
18.40.330 – Add CBC Section 1613.6—Suspended ceiling.
Section 1613.6 is added to Chapter 16 of the California Building Code to read as follows:
1613.6 Suspended Ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this code and this section.
1613.6.1 Scope. This part contains special requirements for suspended ceilings and lighting systems.
Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.
1613.6.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a registered design professional.
1613.6.3 Sprinkler Heads. All sprinkler heads (drops) except fir e-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile. Sprinkler heads and other penetrations shall have a 2 inch ( 50 mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 inch (25 mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.
Sprinkler heads penetrating fire -resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this code.
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1613.6.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more and lobbies accessory to Group A Occupancies shall comply with the following provisions.
1613.6.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.6.4.2 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4 -foot (1219 mm) radius of the exit lights and exit signs.
1613.6.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this code.
1613.6.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.
18.40.340 – Amend CBC Section 1704.6—Structural observations.
Section 1704.6 of the California Building Code is amended to read as follows:
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observa tions. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections or special inspections in Chapter 18.07 of the Long Beach Municipal Code or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall submit to the Building Official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s representative shall coordinate and call a preconstruction meeting between the structural observer, c ontractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resi sting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the Building Official.
Observed deficiencies shall be reported in writing to the owner or owner’s re presentative, special inspector, contractor and the Building Official. Upon the form prescribed by the Building Official, the structural observer shall submit to the Building Official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been reso lved is required before acceptance of the work by the Building Official.
18.40.350 – Amend CBC Section 1704.6.1—Structural observations for structures.
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Section 1704.6.1 of the California Building Code is amended to read as follows:
1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures where one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure is a high-rise building.
3. A lateral design is required for the structure or portion thereof.
Exception: One -story wood framed Group R -3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
4. Such observation is required by the registered design professional responsible for the structural design.
5. Such observation is specifically required by the City's building official.
18.40.360 – Amend CBC Section 1705.3—Concrete construction.
Section 1705.3 of the California Building Code is amended to read as follows:
1705.3 Concrete Construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways and sidewalks, on grade.
18.40.370 – Amend CBC Section 1705.13—Special inspections for seismic resistance.
Exception 3 of Section 1705.13 of the California Building Code is amended to read as follows:
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3. The structure is a detached one - or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.
3.4 Discontinuity in lateral strength-weak story irregularity.
18.40.380 – Amend CBC Section 1707.1—Alternative test procedure.
Section 1707.1 of the California Building Code is amended by changing the reference to "Section 104.11" to read "Section 18.03.060 of the Long Beach Municipal Code."
18.40.390 – Amend CBC Section 1807.1.4—Permanent wood foundation systems.
Section 1807.1.4 of the California Building Code is amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with ACW PWF. Lumber and plywood shall be preservative treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
18.40.400 – Amend CBC Section 1807.1.6—Prescriptive design of concrete and masonry foundation walls.
Section 1807.1.6 of the California Building Code is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permit ted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
18.40.410 – Amend CBC Section 1807.2—Retaining walls.
Section 1807.2 of the California Building Code is amended to read as follows:
1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood.
18.40.420 – Amend CBC Section 1807.3.1—Limitations.
Section 1807.3.1 of the California Building Code is amended to read as follows:
1807.3.1 Limitations. The design procedures outlined in this section are subject to the following limitations:
1. The frictional resistance for structural walls and slabs on silts and clays shall be limited to one- half of the normal force imposed on the soil by the weight of the footing or slab.
2. Posts embedded in earth shall not be used to provide lateral support for structural or nonstructural materials such as plaster, masonry or concrete unless bracing is provided that develops the limited deflection required.
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Wood poles shall be treated in accordance with AWPA U1 for sawn timber posts (Commodity Specification A, Use Category 4B) and for round timber posts (Commodity Specification B, Use Category 4B). Wood poles and posts embedded in d irect contact with soil shall not be used for structures assigned to Seismic Design Category D, E or F.
Exception: Wood poles and posts embedded in direct contact with soil may be used to support nonhabitable, nonoccupiable structures such as fences when approved by the Building Official.
18.40.430 – Amend CBC Section 1809.3—Stepped footings.
Section 1809.3 of the California Building Code is amended to read as follows:
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10 -percent slope).
Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls. Footings shall be reinforced with four 1/2 - inch diameter (12.7 mm) deformed reinforcing bars. Two bars shall be place at the top and bottom of the footings as shown in Figure 1809.3.
FIGURE 1809.3
STEPPED FOOTING
18.40.440 – Amend CBC Section 1809.7 and Table 1809.7 —Prescriptive footings for light -frame construction.
Section 1809.7 and Table 1809.7 of the California Building Code are amended to read as follows:
1809.7 Prescriptive footings for light -frame construction. Where a specific design is not pr ovided, concrete or masonry-unit footings supporting walls of light -frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
REC:O:.\IMEND: a. >· b
b~:2-'(I
91 -~ MIN, :2-~ R'.EO:AR (TI)P & BOT1'41\f)
STEPPED fOUNDiA?10NS
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LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing. c. Not Adopted.
d. See Section 1908 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
18.40.450 – Amend CBC Section 1809.12—Timber footings.
Section 1809.12 of the California Building Code is amended to read as follows:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Categor y 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.
18.40.460 – Amend CBC Section 1810.3.2.4—Timber.
Section 1810.3.2.4 of the California Building Code is amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.
18.40.470 – Amend CBC Sections 1905.1 and 1905.1.7—ACI 318.
Sections 1905.1 and 1905.1.7 of the California Building Code are amended to read as follows:
1905.1 General. The text of ACI 318 shall be modified as indicated in Sections 1905.1.1 through 1905.1.11.
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.
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(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing.
A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
Exception: Detached one - and two -family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 and are permitted to have a total area of longitudinal reinforcement less than 0.002 times the gross cross -sectional area of the footing.
18.40.480 – Add CBC Sections 1905.1.9 thru 1905.1.11, ACI 318.
Sections 1905.1.9 thru 1905.1.11 are added to Chapter 19 o f the California Building Code to read as follows:
1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section 18.7.5. 8 and
18.7.5.9 as follows:
18.7.5.8 Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Section 18.7.5.1, Items (a) through (c), over the full height of the member.
18.7.5.9 – At any section where the design strength, Pn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.7.6.1 and 18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign.
For the determination of the design strength , Pn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.
1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4. 7 as follows:
18.10.4.7 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake -induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.
1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:
18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.
18.40.490 – Amend CBC Section 2304.10.2—Fastener requirements.
Section 2304.10.2 of the California Building Code is amended to read as follows:
2304.10.1 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2301.2. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10. 2. Staple fasteners in Table THE 2023 PROPOSED AMENDMENTS TO TITLE 18 OF THE LBMC – CHAPTER 18.40
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2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the Building Official.
18.40.500 – Add CBC Section 2304.10.3.1—Quality of nails.
Section 2304.10.3.1 is added to Chapter 23 of the California Building Code to read as follows:
2304.10.3.1 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand -driven nails, including diameter, minimum penetration and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction shall be multiplied by the nail-head-area ratio of the clipped head nails to that of the same size hand-driven nails.
18.40.510 – Amend CBC Section 2304.12.2.8—Wood used in retaining walls and cribs.
Section 2304.12.2.8 of the California Building Code is amended to read as follows:
2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.
18.40.520 – Add CBC Section 2305.4—Hold-down connectors.
Section 2305.4 is added to Chapter 23 of the California Building Code to read as follows:
2305.4 Hold-down connectors. In Seismic Design Category D, E or F, hold -down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite sid e of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.
18.40.530 – Amend CBC Section 2306.2—Wood-frame diaphragms.
Section 2306.2 of the California Building Code is amended to read as follows:
2306.2 Wood -frame diaphragms. Wood -frame diaphragms shall be designed and constructed in accordance with ANSI/AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of ANSI/AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.
Wood structural panel s used to resist seismic diaphragm forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.
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Exception: Wood structural panel s are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
18.40.540 – Amend CBC Section 2306.3—Wood-frame shear walls.
Section 2306.3 of the California Building Code is amended to read as follows:
2306.3 Wood -frame shear walls. Wood -frame shear walls shall be designed and constructed in accordance with ANSI/AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3A of ANSI/AWC SDPWS shall include the following:
1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).
Exception: Other nominal unit shear ca pacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.
3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3B of ANSI/AWC SDPWS shall not be allowed.
For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building for structures.
Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable she ar values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the ANSI/AWC SDPWS.