Pico Rivera City Council
November 8, 2022

*Commissioners receive a $30.00 stipend per each meeting held and attended. .

Tuesday, November 8, 2022
Regular Meeting 6:00 p.m.

Council Chamber
Next Resolution No. 7235
Next Ordinance No. 1164
Next Agreement No. 22-2138
Successor Agency to PRRA
Next Resolution No. SA-22-24
Next Ordinance No. SA-01
Next Agreement No. S22-006
Housing Assistance Agency
Next Resolution No. HA-105
Next Ordinance No. HA-16
Water Authority
Next Resolution No. 22-36
Next Ordinance No. 22-01
Next Agreement No. 22-69
Public Financing Authority
Next Resolution No. PFA-22-13
ROLL CALL:

Mayor/Chairman/President:

Dr. Monica Sanchez
Mayor Pro Tempore/Vice Chairman/Vice President:

Erik Lutz
Councilmembers/Directors/Commissioners:

Gustavo V. Camacho
Raul Elias
Andrew C. Lara

CERTAIN PROVISIONS OF THE BROWN ACT ARE TEMPORARILY WAIVED PURSUANT TO GOVERNOR NEWSOM’S EXECUTIVE ORDER N-25-20, N-29-20 AND AB 361. CITY COUNCIL MEETINGS CAN BE ATTENDED IN PERSON OR VIEWED LIVE ON CTV3 AND THE CITY’S WEBSITE AT WWW.PICO-RIVERA.ORG. IF YOU WISH TO SUBMIT A

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https://us06web.zoom.us/meeting/register/tZYpdemorTkpHNIwPF0Z21HAm6bk8GdUIAK2 HOW TO PARTICIPATE DURING THE MEETING: Members of the public are encouraged to participate under PUBLIC COMMENTS on any agenda and non-agenda items of interest during the PUBLIC COMMENTS period. When called upon to speak please state your name for the record.

Meeting jointly and regularly with the Pico Rivera Successor Agency to the Pico Rivera Redevelopment Agency (as needed); Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed) 11-08-2022 Agenda City Council

Members of the public desiring to participate in the virtual City Council meeting are invited and welcome to do so. Please be advised that there exists the possibility of technological interruptions in telephone or Zoom connections which are beyond the control of City staff.

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**************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).

INVOCATION:

PLEDGE OF ALLEGIANCE:

SPECIAL PRESENTATION(S): None
PUBLIC HEARING(S):

City Council:

1. Public Hearing – Resolution Authorizing and Adopting the Permanent Local Housing Allocation Plan for the Permanent Local Housing Allocation Program. (1600)
a. Open public hearing
b. City Manager report
c. Written Communications
d. Oral Communications
e. Close public hearing
f. Recommendation:

1. Approve a resolution authorizing and adopting the Permanent Local Housing Allocation (PLHA) plan for the PLHA Program.

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING

AND ADOPTING THE PERMANENT LOCAL HOUSING

ALLOCATION PLAN FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM

2. Public Hearing – Adoption of the 2022 California Building Codes, Amending Title 15, Building and Construction, of the Pico Rivera Municipal Code. (1300) a. Open public hearing
b. City Manager report
c. Written Communications
d. Oral Communications
e. Close public hearing
f. Recommendation:
11-08-2022 Agenda City Council

1. Conduct a public hearing for adoption by reference, of the Codes adopted by the California Building Standards Commission incorporating the California Building Code, California Residential Code, California Electrical Code, California Historical Building Code, California Plumbing Code, California Energy Code, California Existing Building Code, California Mechanical Code, California Green Building Standards Code, California Administrative Code, California Referenced Standards Code, the Los Angeles County Fire Code, the 2021 International Property Maintenance Code, along with any and all amendments and findings of the Codes as found in Pico Rivera’s amended Title 15 Municipal Code;

2. Adopt Ordinance No. 1163 amending Title 15 of the Pico Rivera Municipal Code by adopting by reference Parts 1 through 6, and 8 through 12 of Title 24 of the California Code of Regulations and the 2021 International Property Maintenance Code that was introduced on October 25, 2022; and

3. Authorize the City Clerk to file certified copies of Resolution No. 7234 and Ordinance No. 1163 with the California Building Standards Commission and the Department of Housing and Community
Development.

Ordinance No. 1163 AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF TITLE 15 OF THE PICO RIVERA MUNICIPAL CODE
ADOPTING BY REFERENCE PARTS 1 THROUGH 6, AND 8
THROUGH 12 OF TITLE 24 OF THE CALIFORNIA CODE OF

REGULATIONS (SECOND READING AND ADOPTION)

PUBLIC COMMENTS - IF YOU WOULD LIKE TO COMMENT ON ANY LISTED AGENDA ITEMS OR NON-AGENDA ITEMS, PLEASE EMAIL THE CITY CLERK’S OFFICE AT [email protected] OR JOIN THE MEETING IN PERSON OR VIA COMPUTER/TELEPHONE.

When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda.

City Council members cannot comment on items that are not listed on a posted agenda.

CONSENT CALENDAR ITEMS:

All items listed on the Consent Calendar may be acted on by a single motion without separate discussion. Any motion relating to a Resolution or Ordinance shall also waive the reading of the titles in full and include its adoption as appropriate. If discussion or separate vote on any item is desired by a Councilmember or staff, that item may be pulled from the Consent Calendar for separate consideration.
11-08-2022 Agenda City Council

CONSENT CALENDAR:

City Council:

3. Minutes:
• City Council regular meeting October 25, 2022
Recommendation: Approve

4. 8
th Warrant Register of the 2022-2023 Fiscal Year. (700) Check Numbers: 290481-290494; 290495-290522; 290523-290551 Special Check Numbers: None
Recommendation: Approve

5. Second Reading – Adoption of Ordinance No. 1162 Approving Zone Reclassification No. 326 to Change the Zone Designation from Public Facility (P-F) to Industrial Planned Development (IPD) for the Properties with Assessor Parcel No. 8130-024-006, 8130-024-007 and 8130-024-825. (1300) Recommendation:

1. Adopt Ordinance No. 1162 approving Zone Reclassification No. 326 (Resolution No.7231) changing the zone classification from Public Facility (P-F) to Industrial Planned Development (IPD) for the properties with Assessor’s Parcel Map No. 8130-024-006, 8130-024-007, and 8130-024- 825.

Ordinance No. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE

RECLASSIFICATION TO CHANGE THE ZONE DESIGNATION FROM

PUBLIC FACILITY (P-F) TO INDUSTRIAL PLANNED DEVELOPMENT (IPD) FOR THE PROPERTIES WITH ASSESSOR PARCEL NUMBERS
8130-024-006; 8130-024-007 AND 8130-024-825 AS SHOWN ON ATTACHMENT “A” AND FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 326 (SECOND READING AND ADOPTION)

6. Declaration of 9003 Beverly Boulevard as Surplus Land. (600) Recommendation:

1. Approve a resolution declaring 9003 Beverly Boulevard (Assessor Parcel Number 8121-003-902) as surplus land.

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY IDENTIFIED AS 9003 BEVERLY BOULEVARD (APN: 8121- 003-902) AS SURPLUS LAND

7. Declaration of 4365 Lindell Avenue as Exempt Surplus Land and Approval of the Sale to the Contiguous Property Owner. (600)
Recommendation:

1. Approve a resolution declaring the real property known as 4365 Lindell Avenue (Assessor Parcel Number 8121-003-903) exempt surplus land and approving the sale of the property to the contiguous property owner. 11-08-2022 Agenda City Council

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, DECLARING THE REAL
PROPERTY KNOWN AS 4365 LINDELL AVENUE (APN: 8121-003-903) AS

EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT
CODE § 54221(f)(1)(B) AND APPROVING THE SALE OF THE PROPERTY

TO THE CONTIGUOUS PROPERTY OWNER

8. Smith Park Aquatic Center Renovation SG-19-116- Resolution Authorizing the Filing of a Grant Application for the Aquatic Center Renovation at Smith Park.

Recommendation: (700)

1. Approve a resolution authorizing the filing of application for grant funding for Smith Park Aquatic Center Renovation through the State of California’s Local Assistance Specified Grant;

2. Authorize the City Manager to execute all related grant documents; and

3. Authorize a budget adjustment in the amount of $8.5 million to CIP No. 50043, Smith Park Aquatic Center Renovation.

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE FILING OF

APPLICATIONS FOR SPECIFIED GRANT FUNDS FOR SMITH PARK
AQUATIC CENTER RENOVATION – PROJECT SG-19-116
SPECIFIED GRANT FROM THE 2022/23 CALIFORNIA STATE BUDGET, SECTION 19.56(13)(B) $8,500,000 TO THE CITY OF PICO RIVERA FOR

THE SMITH PARK AQUATICS CENTER RENOVATION

9. Rio Hondo Park Renovation Grant – SG-19-100 Resolution Authorizing the Filing of an Application for the Rio Hondo Park Renovation. (700) Recommendation:

1. Approve a resolution authorizing the filing of an application for grant funding for Rio Hondo Park Renovation through the State of California’s Local Assistance Specified Grant;

2. Authorize the City Manager to execute all related grant documents for project SG-19-100 City of Pico Rivera Rio Hondo Park Renovation; and

3. Authorize a budget adjustment in the amount of $8.5 million dollars to CIP No. 50097, Rio Hondo Park Renovation.

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE FILING OF

APPLICATIONS FOR SPECIFIED GRANT FUNDS FOR RIO HONDO
PARK RENOVATION – PROJECT SG-19-100
SPECIFIED GRANT FROM THE 2022/23 CALIFORNIA STATE BUDGET, SECTION 19.56(9)(B)(1)(V) $8,500,000 FOR THE CITY OF PICO RIVERA,

RIO HONDO PARK RENOVATION

10. Accept an Invitation from the City of Tlajomulco, Jalisco, Mexico, to Become a Sister City. (300)
Recommendation:
11-08-2022 Agenda City Council

1. Approve a resolution accepting the invitation from the City of Tlajomulco, Jalisco, Mexico, to become a Sister City with the City of Pico Rivera.

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, ACCEPTING THE INVITATION

FROM THE CITY OF TLAJOMULCO, JALISCO, MEXICO, TO BECOME A

SISTER CITY

11. Approval of Professional Services Agreement with Dudek for City-Wide Community Design Standards and Guidelines for Residential, Commercial, Industrial and Mixed-Use Developments. (500)
Recommendation:

1. Award a Professional Services Agreement (PSA) to Dudek (Consultant) to prepare citywide community design standards and guidelines for residential, commercial, industrial, and mixed-use developments for an amount not-toexceed $300,000; and

2. Authorize the City Manager to execute the PSA with the Consultant, in a form approved by the City Attorney for a term of one (1) year with a secondyear extension if required.

Agreement No. _______

12. Historic Whittier Boulevard – Professional Services Agreement with MGI, Inc. for the Preparation of the Specific Plan and Mobility Plan. (500) Recommendation:

1. Authorize the City Manager to execute a Professional Services Agreement with MIG for an amount not-to-exceed $550,000 to provide technical support for the preparation of the Specific Plan and Mobility Plan for the Historic Whittier Boulevard Revitalization Program.

Agreement No. ________

13. Assembly Bill 361 Findings. (300)
Recommendation:

1. Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing; and

2. Take such additional, related, action that may be desirable.

14. Supporting Veterans by Participating in Operation Green Light Between November 7, 2022 through November 13, 2022.

Recommendation:

1. Approve the City of Pico Rivera’s participation in Operation Green Light, a public awareness campaign that shows support for veterans. 11-08-2022 Agenda City Council

15. Approve Amendment No. 2 to Agreement No. 21-2041 with CS Legacy Construction Incorporated, Authorize a Budget Amendment and Authorize the City Manager to Release Retention for the Pico Park Paving Project (CIP No. P50018). (500)
Recommendation:

1. Approve Amendment No. 2 to Agreement No. 21-2041 with CS Legacy Construction, Incorporated in an amount not-to-exceed $20,070 for the Pico Park Paving Project, (CIP No. P50018);

2. Approve an appropriation in the amount of $20,729 from the fiscal year (FY) 2020-21 General Fund operating surplus account to Account No. 100.80.8100-54500-CIP.P50018 – Recreation & Parks Contracted Services, in FY 2022-23; and

3. Authorize the City Manager to release the retention payment to CS Legacy Construction, Incorporated.

Agreement No. 21-2041-2
Successor Agency:

16. Minutes:
• Successor Agency to the Pico Rivera Redevelopment Agency regular meeting September 13, 2022
Recommendation: Approve

17. Approval of the 2023-24 Recognized Obligation Payment Schedule (ROPS) and Corresponding Administrative Budget. (1500)
Recommendation:

1. Approve a resolution of the Successor Agency to the Pico Rivera Redevelopment Agency (Successor Agency) approving the Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2023 – June 30, 2024 (ROPS 2023-24) and approving of the Successor Agency Administrative Budget for the fiscal year (FY) 2023-24.

Resolution No. ______ A RESOLUTION OF THE SUCCESSOR AGENCY

TO THE PICO RIVERA REDEVELOPMENT AGENCY, ESTABLISHING
THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2023-24 FOR
JULY 1, 2023 THROUGH JUNE 30, 2024, APPROVING THE

EXPENDITURE OF RESERVE AND OTHER FUNDS, APPROVING THE

RESERVE OF FUNDS, AND APPROVING THE ADMINISTRATIVE
BUDGET FOR FISCAL YEAR 2023-24

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
REGULAR AGENDA:

City Council:
11-08-2022 Agenda City Council

18. Fiscal Year 2022-23 City of Pico Rivera First Quarter Budget Report as of September 30, 2022. (700)
Recommendation:

1. Receive and file the fiscal year (FY) 2022-23 First Quarter Budget Report as of September 30, 2022, which represents the balances and activity for the first quarter (July through September) of the 2022-23 fiscal year; and

2. Approve a Budget Adjustment amending the FY 2022-23 Adopted Budget for Special Funds as outlined in Enclosure 1 of this report.

CITY MANAGER/STAFF REPORTS
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234

REPORTS, NEW BUSINESS, OLD BUSINESS)
CLOSED SESSION: None
ADJOURNMENT:

AFFIDAVIT OF POSTING
I, Anna M. Jerome, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.pico-rivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 3
rd, day of November 2022.

Dated this 3
rd, day of November 2022
Anna M. Jerome, CMC
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the City’s website.

STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.

RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION

2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).

To: Mayor and City Council
From: City Manager
Meeting Date: November 8, 2022
Subject: PUBLIC HEARING - RESOLUTION AUTHORIZING AND

ADOPTING THE PERMANENT LOCAL HOUSING

ALLOCATION PLAN FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM
Recommendation:

1. Approve a resolution authorizing and adopting the Permanent Local Housing Allocation (PLHA) plan for the PLHA Program.

Fiscal Impact:

If approved by the State of California Department of Housing and Community Development (HCD), the City would be awarded a grant totaling $2,033,838 over a 5- year period. The City is eligible to receive $1,445,647 of the total grant allocation in FY 2022-23. The City would receive subsequent allocations in FY 2023-24 and 2024-25.

Funds would be appropriated to Miscellaneous State Grant Account No. 699.30.3020- 54400.6530.

Background:

Senate Bill 2, known as the Building Homes and Jobs Act, established the PLHA program and instituted a $75 recording fee on real estate transactions with the principal goal to make funding available to eligible local governments for housing related projects and programs to assist in addressing the unmet needs of the local community, with prioritization of serving households at or below 60% of area median income. As an entitlement jurisdiction, the City is eligible to receive approximately $2 million over the 5- year period from 2019 through 2023. The City has not applied for the 2019 and 2020 allocation of funds. However, the City is allowed to apply for these funds retroactively during the current application period. The 5‐year funding is an estimate and may fluctuate based upon revenue generated by real estate transactions. To receive the funds, the City must submit a 5‐year PLHA Plan describing how the funds will be used.

HCD issued a Notice of Funding Availability (NOFA) on August 17, 2022, which covers the 2021 funding allocation. HCD later amended the NOFA on October 18, 2022. The 1 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 8, 2022

RESOLUTION AUTHORIZING AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

NOFA identifies ten (10) eligible activities that PLHA funds can be used for. Examples of the activities include the development of live-work or rental housing, rental and ownership housing, the creation of Supportive Housing, and homeless services. The NOFA requires local jurisdictions to allocate a percentage of their award to eligible activities in their 5- year PLHA Plan.

Discussion:

If the PLHA Plan is approved by HCD the City would be awarded a grant totaling $2,033,838 over a 5-year period. The PLHA funds allocated to each entitlement local government is directly proportionate to each entitlement local government’s share of the total 2017 Community Development Block Grant Fund allocation. The City is eligible to receive its 2019, 2020, and 2021 allocations totaling $1,445,647 in FY 2022-23. The City would receive subsequent allocations in FY 2023-24 and 2024-25.

The City is proposing to allocate 70% of the PLHA funding under eligible activity 2, which includes the predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing that meets the needs of a growing workforce earning up to 150 percent of the area median income. This activity will assist the City in meeting the goals of the Housing Element of the General Plan through the production of housing toward the City’s Regional Housing Needs Assessment (RHNA) allocation, as outlined by Housing Policy 2.1. The RHNA is mandated by State Housing Law and quantifies the need for housing within each jurisdiction during specified planning period.

The City’s RHNA allocation for the sixth cycle planning period (2021-2029) includes 1,024 affordable housing units.

The remaining PLHA funding (30%) will be allocated for the eligible activity 6, which includes assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, and supportive/case management services that allow people to obtain and retain housing. The City may procure a homeless social service provider through open bidding process to provide supportive/case management services to the homeless in the City. This will help further Housing Policy 3.3 in the City’s Housing Element to recognize the basic shelter needs of persons experience homelessness.

Environmental Analysis:

The application has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the approval of the PLHA plan and grant application does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.

Adoption of the Resolution does not have the potential for resulting in either a direct CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 8, 2022

RESOLUTION AUTHORIZING AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Conclusion:

Staff recommends that the City Council approving the attached resolution authorizing and adopting the PLHA plan for the Permanent Local Housing Allocation Program.

Steve Carmona
SC:JG:JP:jj
Enclosures: 1) Resolution
2) PLHA Notice of Funding Availability (NOFA) - August 17, 2022 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, AUTHORIZING AND ADOPTING THE

PERMANENT LOCAL HOUSING ALLOCATION PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 and amended 10/18/22 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the California Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to cities and counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the City of Pico Rivera is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible local government delegated its PLHA formula allocation; and
WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera that:

SECTION 1. If the Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the Applicant may have with the Department.

SECTION 2. The Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations ($2,033,838), as stated in Appendix C of the current NOFA, in accordance with all applicable rules and laws.

SECTION 3. The Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program ENCLOSURE 1
1a
RESOLUTION NO. ____
PAGE 2 OF 5
requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

SECTION 4. Pursuant to Section 302(c)(4) of the Guidelines, the Applicant’s PLHA Plan for the 2019-2023 allocations is attached to this resolution as Exhibit “A”, and the Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

SECTION 5. Pursuant to the Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

SECTION 6. The Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302©(6)(A), (B) and (C).

SECTION 7. The Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

SECTION 8. The Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

SECTION 9. The City Manager of the City of Pico Rivera is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or the PLHA grant awarded to the Applicant, as the Department may deem appropriate.

SECTION 10: The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 8th day of November, 2022.
________________________________
Dr. Monica Sanchez, Mayor
RESOLUTION NO. ____
PAGE 3 OF 5
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO. ____
PAGE 4 OF 5
Exhibit A
Draft PLHA 5-Year Plan

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Anna Jerome, City Clerk of the City of Pico Rivera, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of the Resolution duly adopted at a regular meeting of the City Council of the City of Pico Rivera held on the 8th day of November 2022, which was duly convened and held on the date stated thereon and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
___________________________

ANNA JEROME, CITY CLERK

CITY OF PICO RIVERA )
COUNTY OF LOS ANGELES ) §

STATE OF CALIFORNIA )
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The Plan is consistent with the following programs identified in the City's Housing Element:
* Housing Policy 2.1 (pdf page 146): Support and promote the creation of new opportunities for affordable housing; and * Housing Policy 3.3 (pdf page 148): Recognize the basic shelter needs of persons experiencing homelessness. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Pico Rivera plans on utilizing its allocated PLHA funds for the following two activities:
* Activity #2: Development of workforce housing; and
* Activity #6: Homeless supportive services.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City's PLHA funds will focus on homeless services for those individuals at or below 30% of AMI. The proposed workforce housing will focus on housing for households with incomes up to 150% of AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations.If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Type of Affordable Housing
Activity
Ownership:

Predevelop
ment
Ownershi
p:

Predevelo
pment
Ownershi
p:

Predevelo
pment
Ownershi
p:

Predevelo
pment
Ownershi
p:

Predevelo
pment
N/A
§302(c)(4)(E)(ii) Area Median
Income Level Served 150% 150% 150% 150% 150% TOTAL
1024 1024
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
1024
§302(c)(4)(E)(ii) Projected
Number of Households Served 0 0 0 0 25 25
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
70% 70% 70% 70% 70%
n/a n/a
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 100%
During each year of the Plan's 2019 through 2023 five-year period, the City will allocate 70% of their PLHA funds to Activity #2. The City will subsidize affordable owner- and renter-occupied workforce housing for households earning up to 150% of AMI. Los Angeles County is a high-cost area, therefore the AMI served increases from 120% to 150%.

Funding Allocation Year 2019 2020 2021 2022 2023
PLHA Page 1 302(c)(4) Plan

EXHIBIT A
5-YEAR PLHA PLAN
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The project will include the following major steps:

1. City issue RFP for developer;

2. Confirm Project proposal and developer;

3. Predevelopment phase, including land acqisition, architectural and engineering stage, etc.; and

4. Project construction.
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55 years 55 years 55 years 55 years 55 years
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project.

During each year of the Plan's 2019 through 2023 five-year period, the City will allocate 25% of their PLHA funds to Activity #6. The City will procure a qualified homeless social service provider for supportive and case management services to the homelss in the City.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of
Funds Allocated for the Proposed
Activity

25.00% 25.00% 25.00% 25.00% 25.00%
Funding Allocation Year 2019 2020 2021 2022 2023
Supportiv
e/Case
Managem
ent
Services
Supportiv
e/Case
Managem
ent
Services
Supportiv
e/Case
Managem
ent
Services
TOTAL §302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
The City will procure a homeless social service provider through an RFP/open bidding process. The services scope of work will include providing supportive/case management services to the homelss in the City.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
n/a n/a n/a n/a n/a 0
30% 30% 30%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
0 §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
n/a n/a n/a n/a n/a
§302(c)(4)(E)(ii) Projected
Number of Households Served n/a n/a n/a n/a n/a
Supportive/
Case
Manageme
nt Services
Supportiv
e/Case
Managem
ent
Services
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA Page 2 302(c)(4) Plan
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
August 17, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2022 Permanent Local Housing Allocation
Program Entitlement and Non-Entitlement Local
Government Formula Component – Notice of
Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2022 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in remaining calendar year 2019 and calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) formula allocation program. Appendix A details the total funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

First Time Applicants: This will be the last year for Applicants to apply for their 2019 calendar year allocation. Jurisdictions that have not previously applied must meet all threshold requirements as outlined in Part II, Section F, of the attached NOFA.

Second- or Third-Year Applicants: Jurisdictions that have previously applied and received an award of 2019 and/or 2020 funds are not required to resubmit all threshold documents but must demonstrate all threshold requirements continue to be met as noted in Part II, Section G, of this NOFA.
*** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

ENCLOSURE 2
1b
2022 Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local Government NOFA

The application submittal portal will be available and open for applications beginning August 17, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications will be accepted through October 31, 2022 and must be submitted electronically through the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at http://www.hcd.ca.gov/grantsfunding/active-funding/plha.shtml.

The PLHA application forms, workshop details, and Guidelines are posted on the Department’s website. To receive information on workshops and other updates, please subscribe to the PLHA listserv by clicking on “Email Sign-Up” on the Department’s website. If you have any further questions, please contact [email protected].

Attachment
Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local
Government Formula Component
2022 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Email: [email protected]
August 17, 2022
Table of Contents
I. Overview ........................................................................................................................... 5 A. Notice of Funding Availability .................................................................................. 5 B. Timeline .................................................................................................................. 6 C. Authorizing Legislation and Regulations ................................................................. 6 II. Program Requirements...................................................................................................... 6 A. Eligible Applicants ................................................................................................... 7 B. Eligible Activities ..................................................................................................... 7 C. Allocation of funding and award limits ..................................................................... 9 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs....11 E. Application review ................................................................................................. 11 F. Threshold requirements for Previous Awardees....................................................11 G. Threshold requirements for First-Time Applicants.................................................13 H. Administration and reporting requirements............................................................15 III. Application submission and review procedures ...............................................................15 A. Application submission process ............................................................................15 B. Application Workshops..........................................................................................16 IV. Appeals ...........................................................................................................................16 A. Basis of appeals....................................................................................................16 B. Appeal process and deadlines ..............................................................................16 C. Decisions ..............................................................................................................17 D. Award announcements and contracts ...................................................................17 V. Other state requirements ................................................................................................. 17 A. Pet Friendly Housing Act of 2017..........................................................................17 B. Accessibility and non-discrimination......................................................................17 IV. Other terms and conditions..............................................................................................18 A. Right to modify or suspend....................................................................................18 B. Disclosure of application .......................................................................................18 C. Conflicts ................................................................................................................18 APPENDICES............................................................................................................................19 Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 5 I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department or HCD) is announcing the release of the 2022 Permanent Local Housing Allocation (PLHA) Program’s Formula Component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in calendar year 2019 and calendar year 2020 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021 and includes any remaining unawarded funds not requested for calendar years 2019 and 2020.

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

In 2022, the Department will issue two separate NOFAs to award the PLHA funds:
• Formula Component NOFA for Entitlement and Non-Entitlement Local governments
• Non-Entitlement Local Government Competitive NOFA (anticipated in June 2022)
This NOFA outlines threshold and application requirements for Entitlement Local governments and Non-Entitlement Local governments as defined in Guidelines Section 101. Entitlement Local governments are metropolitan cities and urban counties that received a Community Development Block Grant (CDBG) for fiscal year 2017pursuant to the federal formula specified in 42 U.S. Code, Section 5306.

Please note that this NOFA has two separate threshold requirements sections:
• Local governments that received an award under the 2020 or 2021 Formula Component NOFA are subject to the threshold requirements outlined in Part II, Section F
• Local governments that have not previously applied for and received a PLHA award must meet the threshold requirements outlined in Part II, Section G *** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 6 B. Timeline
C. Authorizing Legislation and Regulations
Senate Bill 2 (Chapter 364, Statutes of 2017) established the PLHA Program. The program operates under the requirements of Health and Safety Code (HSC), Part 2 of Division 31,Chapter 2.5 (commencing with Section 50470).

Section 50470 (b)(2)(B)(i) of the HSC authorizes the Department to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments.

Section 50470 (b)(2)(B)(i)(I) of the HSC requires the Department to allocate 90 percent of PLHA funds available to Local governments based on the federal CDBG formula specified in 42 U.S. Code, Section 5306, except that the portion allocated to Non-Entitlement Local governments is required to be distributed through a competitive grant program for Non-Entitlement Local governments.

Section 50470 (b)(2)(B)(i)(II) of the HSC requires the Department to allocate the remaining 10 percent of PLHA funds available to Local governments equitably to Non-Entitlement Local governments.

Section 50470 (d) authorizes the Department to adopt Guidelines to implement the PLHA program, not subject to the rulemaking provisions of the California Administrative Procedure Act.

This NOFA governs the administration of funding from the Fund (created by Section 50470, subdivision (a)(1) and appropriated by item 2240-103-3317 in theBudget Act of 2019) and made available under the PLHA program.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in Guidelines Section 101.

II. Program Requirements
The following is provided as a summary for the allocation of the PLHA funds to Entitlement Non-Entitlement Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms, and conditions.

NOFA Release Date August 17, 2022
Application Submittal August 17, 2022 –
October 31, 2022
Award Announcement Ongoing through February 2023
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 7 This 2022 NOFA represents the third year of funding under the PLHA program for the Entitlement and Non-Entitlement Local Government Formula Component as detailed below:

Revenue Collection period NOFA Issuance
2019 CY 2020
2020 CY 2021
2021 CY 2022
A. Eligible Applicants
An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to Guidelines Section 300. Appendix A of the NOFA contains the list of eligible Applicants.

1. Delegation of Formula Allocation
An eligible Applicant may delegate their entire formula allocation to either another Local government or to a Local or Regional Housing Trust Fund. A Local government that delegates their formula allocation to another Local government or to a Housing Trust Fund must enter into a legally binding agreementwith the other Local government or Housing Trust Fund. The delegate must submit the PLHA application on behalf of the recipient of the PLHA Formula Allocation and wholly administer the entire formula component of PLHA funds on behalf of the delegator for the full term of the PLHA Plan, as set forth in Guidelines Section 300(c). Both the delegating Local government and the Applicant must meet the housing element compliance threshold requirement as outlined in Section II, Part F of this NOFA.

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all the Department’s requirements, including any penalties for non-compliance.

A partial funding delegation is not permitted under the delegation authority.

However, a Local government can subgrant a portion of its allocation to another entity, as permittedby Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for noncompliance.

B. Eligible Activities
Pursuant to Guidelines Section 301(a), the PLHA funds allocated to eligible Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 8 Applicants must be used to carry out one or more of the eligible activities listed below. All servicesmust be provided within the county containing the Local government recipient.

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas, including necessary Operating subsidies). Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for alist of High-cost areas in California.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisitionassistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of newPermanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), (up to 30 percent of AMI), including
a. Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
b. Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
c. Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
d. Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 9 transitional housing.

This Activity may include subawards to administrative entities as definedin HSC Section 50490(a) (1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.

Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated fundsfor the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).

7. Accessibility modifications in Lower-income Owner- occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in Highcost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

10.Fiscal incentives made by a county to a city within the county to incentivize approvalof one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

Twenty percent of the moneys in the Fund are required by statute to be expended for Affordable Owner Occupied
Workforce Housing (AOWH). If funding proposed in Local
government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

C. Allocation of funding and award limits
Appendix A lists the dollar amount of the allocation of PLHA funds. There is a Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 10 column indicating allocations for calendar years 2021, 2020 and 2019. If a Local government applied for and received their 2010 or 2020 allocations, there is a blank in those columns. If a Local government HAS NOT applied before this NOFA, there will be an amount listed in each of the 2019, 2020, and 2021 columns.

The PLHA funds allocated to each Entitlement Local government is directly proportionate to each Entitlement Local Government’s share of the total 2017 Community Development Block Grant Fund Allocation in California.

The PLHA funds allocated to each Non-Entitlement Local Government is based on the sum of:

1. Fifty percent of the funding available for the Non-Entitlement formula component divided by the number of Local governments eligible for the Non-Entitlement formula component; and

2. Fifty percent of the funding available for the Non-Entitlement formula component allocated in proportion to each Non-Entitlement Local government’s share of the total most severe housing need in California’s Non-Entitlement Local governments,based upon the most recent U.S. Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data.

Two or more Local governments may expend PLHA funds on an eligible jointly funded project, provided the project is an eligible Activity pursuant to Guidelines Section 301(a),and will be located within the boundaries of one of the Local governments.

An Applicant eligible for an allocation of PLHA funds must comply with the Deadline andFunding Requirements set forth in Guidelines Section 304.

In order to avoid amending the Department Standard Agreement each year, and to expedite the disbursement of PLHA funds, the Department Standard Agreement and the Applicant’s PLHA resolution shall include a five-year estimate of PLHA formula allocations, as stated in Appendix C, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts.

Please be advised that no funding from any subsequent year will be disbursed if the Local government is not in compliance with the housing element requirement and the Housing Element Annual Progress Report (APR) requirement stated in Guidelines Section 302(a) and (b), or in the event that the Local government has not submitted its annual PLHA report, as required by Guidelines Section 503. Please refer to Appendix D for more information on verifying housing element and APR status. In addition, the grantee must be in compliance with commitment requirements stated in Guidelines Sections 300(e) and must not incur penalties stated in Guidelines Section 502.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 11 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs A Local government that receives an award under this NOFA shall not use more than 5 percent (5%) of the award for administrative costs related to the execution of eligible activities.

Staff and overhead costs directly related to carrying out the eligible activities described in Guidelines Section 301(a) are “activity costs” and not subject to the cap on administrative costs. A Local government may share any funds available for administrative costs with entities to which it provides funding.

Predevelopment expenses for construction projects funded by PLHA funds and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review
An Applicant must submit a complete application and other documents by the deadline stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in the Guidelines Section 302.

F. Threshold requirements for Previous Awardees
Applicants that received awards from the 2021 Formula Allocation NOFA must meet all of the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must be a locality with an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at time of application. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the 2021 calendar year reporting period by the submittal date.

3. Applicant must have submitted to the Department the Annual PLHA Report if the application is submitted on or after July 31, 2022, which is the deadline for the Annual Report.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 12 4. Applicant must have met the commitment requirements stated in PLHA Guidelines Section 300(e).

5. The application must request an allocation pursuant to Section 200 of the PLHA Guidelines. Previous awardees have already received Department approval for theirfive-year PLHA Plan, which lists the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. The PLHA Plan continues in force and effect unless the Local government amends the Plan to provide different activities that are eligible under PLHA statute and Guidelines. If the Plan is amended so that more than 10 percent of funds are moved toa different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and the Plan must be submitted to the Department for approval. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

6. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

7. If the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

8. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) or (C).

9. The resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of theProject. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

10.If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer, or owner of a project, a Program income reuse plan describing how repaid loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describehow interest earned from PLHA funds deposited in a Local government interestbearing account will be used for eligible PLHA activities.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 13 G. Threshold requirements for First-Time Applicants
First-time Applicants who have not previously received an award under a prior Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the housing element for the corresponding calendar year based on the allocations for which the Applicant is applying by the application submittal date as follows:

Allocation Requested: APR Reporting Period:
2019 allocation 2019 CY APR
2020 allocation 2020 CY APR
2021 allocation 2021 CY APR

3. Application requests an allocation pursuant to Section 200 of the PLHA Guidelines and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

4. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

5. If the Local government proposes to allocate funds for any Activity to another entity,the Resolution must certify that the Local government’s selection process shall avoidconflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

6. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects, or units within for-sale housing projects,the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

7. The Resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 14 PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

8. The application must include a Plan which details:
a. The manner in which the allocated funds will be used for eligible Activities. b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes ator below 60 percent of the AMI.
c. A detailed description of how the Plan is consistent with the programs set forth in the Local government’s housing element.
d. Evidence that the Plan was authorized and adopted by Resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan Resolution adoption.

The plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it.The draft Plan should be published for public review on the Applicant’s website.
e. The Resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The Resolution is required to be submitted as part of the application. The Resolution must specifically state the eligible activities from the Plan application.
f. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301 and the percentage of funding being allocated to it. The description must include the percentage, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income leveland a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required forthe implementation and completion of the Activity. iv. The period of affordability for each Activity. Rental Projects are requiredto have an affordability period of at least 55 years.

9. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the Plan tab of the PLHA Application form.

10. If funds are used for acquisition, construction, or rehabilitation of for-sale housingprojects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 15 11. If funds are proposed to be used for development of an Affordable Rental HousingDevelopment, a certification is required that the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan must be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy andrents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years.

12. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest-bearing account will be used for eligible PLHA activities.

H. Administration and reporting requirements
A grantee of PLHA funds must meet the administration requirements set forth in Guidelines Sections 500 and 501 and reporting requirements in Section 503.

III. Application submission and review procedures
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'saved as' .xls or .xlsx. Do not 'save as'.xlsm or .pdf format. Applications that do not meet the program requirements stated in thisNOFA will not be eligible for funding. Application forms are available for download on the PLHA webpage.

A. Application submission process
Applications must be submitted electronically to the Department’s website.

Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/activefunding/plha.shtml. The submittal portal will be available beginning August 17, 2022.

Applicants must upload all application materials to the Department’s website. The application portal is open beginning on August 17, 2022 through 4:00 p.m. Pacific Standard Time on October 31, 2022. Please note that the on-line support and technical assistance closes at 4:00 p.m. Pacific Standard Time on October 31, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications thatdo not meet the filing deadline requirements will not be eligible for funding.

It is the Applicant’s responsibility to ensure that the application is clear, complete, andaccurate. The Department may request additional clarifying information and/or Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 16 inquireas to where in the application specific information is located. However, missing or forgotten application information or documentation may cause the application not to pass threshold.

Those Applicants that are notified they did not pass threshold requirements will have theopportunity to submit the necessary documentation prior to the NOFA closing date.

B. Application Workshops
Applicants are strongly encouraged to attend a PLHA webinar to gain information criticalfor preparing the application, which will be discussed at the webinar. PLHA webinar dates and times are located on the Department’s PLHA webpage.

IV. Appeals
A. Basis of appeals

1. Upon receipt of the Department’s notice that an application has been determined tobe incomplete, ineligible, or fail threshold review, Applicants may appeal such decision(s) to the Director of the Department or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.

3. The appeal process provided herein applies solely to decisions of the Director of the Department or their designee made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future NOFAs.

B. Appeal process and deadlines

1. Process. In order to file an appeal, an Applicant must submit to the Director of the Department or their designee a written appeal, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed description of how the application is complete, eligible or meets threshold requirements, as applicable, or provide additional information to resolve the Department’s determination. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing deadline. Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review letter representing the Department’s decision made in response to the application.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 17 C. Decisions
Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

D. Award announcements and contracts
The Department will review applications as they are received and will make awards as follows:

1. Previous Awardees: For Local governments that have previously received an award and are applyingfor a new allocation of calendar year 2021 funds, awards will be made within 60 days of receipt.

2. First Time Awardees: For Local governments that have not previously received an award, those applications will be reviewed, and awards made at the end of each quarter beginning in July 2022 with subsequent awards made in October 2022 and January 2023. Award recommendations will be posted on the PLHA webpage.

V. Other state requirements
A. Pet Friendly Housing Act of 2017
Housing funded through this program is subject to the Pet Friendly Housing Act of 2017(HSC Section 50466). Each awardee will be required to submit a signed and dated certification that residents of the program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.

B. Accessibility and non-discrimination
All projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (ADA), Title II. In addition, projects or programs shall adhere to either the Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD2014-0042-0001,79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26.

Recipients shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 18 expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or inpart with program funds made available pursuant to this NOFA.

Recipients shall comply with the requirements contained in the ADA, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all of the Sponsor's activities.

IV. Other terms and conditions
A. Right to modify or suspend
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website.

B. Disclosure of application
Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 6250 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses.

By providing this information to the Department, the Applicant is waiving any claim of confidentiality andconsents to the disclosure of submitted material upon request.

C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 19 APPENDICES
Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocation for Calendar years 2019, 2020, and 2021.

Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Entitlement and Non-Entitlement Local Governments.

Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Alameda $868,493 $955,750
Alpine
County $68,065 $106,216 $116,768
Alameda
County $1,451,516 $1,597,349 Alturas $79,305 $123,577 $128,224 Alhambra $796,443 Amador City $65,861 $100,869 $112,445 Aliso Viejo $119,177 $185,238 $203,849
Amador
County $134,185 $203,299 $275,316
Anaheim $3,686,550
American
Canyon $117,435 $178,785 $199,555
Antioch $612,764 $674,328 Anderson $103,770 $163,160 $178,480 Apple Valley $446,959 $491,865 Angels $81,289 $127,049 $128,764 Bakersfield $2,960,656 Arcata $176,062 $284,687 $208,201 Baldwin Park $758,781 $835,015 Artesia $135,728 $204,479 $213,605 Bellflower $878,539 Arvin $220,799 $217,928
Berkeley $2,212,637 Atwater $158,209 $247,535 $269,804
Buena Park $573,917 $631,578 Auburn $119,859 $185,382 $203,337 Burbank $816,205 Avenal $104,652 $168,021 $177,939
Camarillo $231,519 Benicia $141,459 $222,187 $229,276
Carlsbad $272,582 $423,678 $466,244 Biggs $70,710 $109,341 $121,739 Carson $709,383 Bishop $83,713 $132,952 $146,057
Cathedral
City $484,445 Blue Lake $68,285 $105,521 $117,957
Cerritos $109,213 $169,751 $186,806 Brawley $151,156 $240,243 $234,139 Chico $390,348 $606,721 $667,678 Butte County $333,428 $494,061 $610,245 Chino $249,365 $387,590 $426,531
Calaveras
County $429,217
Chino Hills $303,241 Calexico $203,832 $307,951 $284,935 Chula Vista $1,646,765 $1,812,214 Calimesa $88,783 $138,507 $156,324 Citrus
Heights $486,125 $534,966 Calipatria $77,101 $120,452 $122,280 Clovis City $625,364 Calistoga $85,256 $133,646 $134,709 Compton $769,720 $1,196,383 $1,316,582 Capitola $105,092 $180,868 $195,772 Concord $836,053
Carmel-bythe-Sea $81,950 $130,174 $140,653
Contra Costa
County $3,712,024 Chowchilla $164,970
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 20 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Corona $995,498 Clearlake $145,867 $208,993 $232,518
Costa Mesa $904,122 Coalinga $165,243 $170,374
Cupertino
City $283,100 Colfax $72,032 $113,855 $125,522
Daly City $875,455 Colusa $85,917 $135,035 $161,187
Davis $470,837 $518,142
Colusa
County $83,493 $136,077 $152,541
Delano City $556,115 Corcoran $113,908 $178,438 $179,560 Downey $889,923 Corning $92,529 $143,368 $150,380
El Cajon $645,382 $1,003,123 $1,103,906 Crescent City $80,848 $125,660 $142,274 El Centro
(Colonia
Only) $245,998 $382,358 $420,773
Del Norte
County $140,797 $210,729 $214,685
El Monte $1,449,267 Dinuba $230,897
Elk Grove $439,787 $683,565 $752,243 Dixon $115,451 $189,896 $194,691 Encinitas $156,044 $242,541 $266,909 Dorris $66,522 $103,785 $116,876 Escondido $842,911 $1,310,146 $1,441,775 Dos Palos $82,832 $120,799 $143,355 Fairfield $668,640 Dunsmuir $72,032 $111,424 $124,441
Fontana $1,678,180
El Centro
(Colonia
Only) $216,175 $311,076 $283,314
Fountain
Valley $247,348
El Dorado
County $973,923
Fremont $1,096,685 Etna $67,183 $105,521 $114,714
Fresno $5,828,601 Eureka $346,539
Fresno
County $2,810,897 Exeter $164,970
Fullerton $1,177,577 Farmersville $176,858
Garden
Grove $1,700,794 Ferndale $71,150 $108,994 $121,739
Gardena $329,877 $512,732 $564,246 Firebaugh $95,395 $144,410 $159,566 Gilroy City $417,798 Fort Bragg $106,856 $163,507 $142,814 Glendale $867,025 $1,347,626 $1,483,020 Fort Jones $69,167 $106,910 $115,795 Glendora
City $130,258 $202,461 $222,802 Fortuna $108,619 $171,840 $171,995 Goleta $160,810 Fowler $81,069 $126,355 $139,032
Hanford $505,389
Glenn
County $201,716
Hawthorne $1,048,208 Grass Valley $225,493
Hayward $1,012,998 $1,114,773 Greenfield $139,916 $211,076 $213,605 Hemet $688,525 Gridley $92,529 $144,410 $143,895
Hesperia $505,777 $786,135 $865,117
Grover
Beach $181,182
Huntington
Beach $938,184 Guadalupe $101,125 $160,035 $166,051
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 21 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Huntington
Park $651,678 $1,012,910 $1,114,676 Gustine $73,575 $118,021 $150,920 Indio City $779,909 Hidden Hills $71,371 $111,077 $124,982 Inglewood $735,776 $1,143,625 $1,258,523 Hollister $180,249 $280,173 $290,339 Irvine $1,296,497 Holtville $82,611 $131,563 $121,739
Kern County $3,695,204
Humboldt
County $595,871
La Habra $604,420 $665,145 Huron $153,438 $143,355
La Mesa $293,468 $322,953 Imperial $91,427 $147,535 $169,834 Laguna
Niguel $262,411
Imperial
County $173,858 $260,034 $311,954
Lake
Elsinore $425,098 Indian Wells $88,783 $135,730 $163,889 Lake Forest $221,070 $343,611 $378,133 Industry $65,596 $101,632 $110,824 Lakewood $270,847 $420,981 $463,277 Inyo County $103,770 $166,285 $220,630 Lancaster $1,188,528 Ione $75,338 $118,716 $141,734
Livermore $356,702 Jackson $87,460 $133,299 $143,355
Lodi $575,172 King City $205,868 $173,616
Lompoc $227,027 $352,871 $388,324 Kings County $163,499 $249,965 $304,389 Long Beach $5,006,175 Lake County $241,741 $360,728 $401,658 Los Angeles $44,847,783 Lakeport $79,305 $126,702 $163,889 Los Angeles
County $18,858,143
Lassen
County $102,007 $155,868 $187,666
Lynwood $981,371 $1,079,969 Lemoore $145,205 $217,326 $237,381 Madera $422,319 $656,414 $722,364 Lincoln $203,171 $314,201 $344,377 Marin County $1,241,068 Lindsay $189,201 $197,393
Menifee $1,079,969 Live Oak $89,664 $132,952 $156,324
Merced $722,364 Livingston $108,839 $172,882 $179,560
Milpitas City $238,595 $370,850 $408,109 Loomis $81,730 $123,577 $147,678 Mission Viejo $353,526 Los Banos $188,184 $292,326 $289,258 Modesto $1,658,723 Loyalton $67,624 $105,521 $116,336
Montebello $316,758 $492,340 $541,805
Madera
County $484,877
Monterey $180,952 $199,132
Mammoth
Lakes $81,730 $123,924 $154,162
Monterey
County $1,109,035 Maricopa $66,742 $105,869 $116,336
Monterey
Park $318,871 $495,625 $545,420 Marina $157,548 $235,382 $234,139 Moreno
Valley $1,761,457
Mariposa
County $235,220
Mountain
View $256,551 $398,761 $438,824 Marysville $169,063 $183,883 Napa City $544,289 McFarland $112,806 $174,618 $177,939 Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 22 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
National City $672,542
Mendocino
County $578,903
Newport
Beach $290,118
Merced
County $625,917
Norwalk $592,762 $921,336 $1,013,902
Modoc
County $76,440 $120,105 $146,597
Oakland $5,757,902 $6,336,392 Mono County $77,101 $113,855 $136,870 Oceanside $1,008,982 $1,110,353 Montague $68,726 $105,174 $116,876 Ontario $1,573,664
Mount
Shasta $89,885 $141,285 $153,082
Orange $1,039,081 Napa County $220,451 $261,158
Orange
County $2,175,998 Nevada City $136,870
Oxnard $1,981,457
Nevada
County $566,474
Palm Desert $293,014 Orange Cove $101,345 $156,563 $149,299 Palm Springs $328,816 Orland $143,355
Palmdale $1,332,565 Oroville $224,412
Palo Alto $231,496 $359,817 $395,967 Pacific Grove $188,207 Paradise $93,596 $145,477 $160,093
Palos Verdes
Estates $96,717 $157,257 $170,914
Paramount
City $438,197 $681,094 $749,523 Parlier $199,965 $208,741 Pasadena $1,454,952 $1,601,129 Pismo Beach $99,582 $157,604 $184,964 Perris City $725,136 $797,990
Placer
County $813,970
Petaluma $315,338 Placerville $110,823 $173,924 $181,182 Pico Rivera $338,973 $526,870 $579,804
Plumas
County $187,118 $217,387
Pittsburg $543,387 Plymouth $67,404 $104,757 $116,876
Placentia $333,825 $367,364 Point Arena $67,404 $103,785 $114,174 Pleasanton
City $151,089 $234,839 $258,433 Portola $75,338 $119,757 $120,659 Pomona $1,827,543
Rancho
Mirage $172,094 $282,257 $335,191
Porterville $586,270 Red Bluff $124,047 $189,201 $200,095 Rancho
Cordova City $285,366 $443,548 $488,110 Rio Dell $79,085 $118,716 $141,193 Rancho
Cucamonga $450,476 $700,179 $770,526 Rio Vista $96,276 $149,271 $157,945 Rancho
Santa
Margarita $173,436 Riverbank $193,021 $206,039
Redding $576,110
San Benito
County $121,182 $175,313 $213,064
Redondo
Beach $130,830 $203,351 $223,781 San Joaquin $78,644 $123,924 $128,764 Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 23 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Redwood
City $594,763
San Juan
Bautista $75,999 $114,549 $122,280
Rialto $597,786 $929,145 $1,022,495
San Juan
Capistrano $236,452 $359,687 $335,191
Riverside $2,521,285 $2,774,596 Sand City $67,139 $104,063 $112,445 Riverside
County $6,835,329
Santa Cruz
County $895,101 $916,102
Rocklin City $230,295 Scotts Valley $103,770 $166,979 $171,995 Rosemead $343,238 $533,498 $587,099
Shasta
County $578,903
Roseville $536,004 Shasta Lake $174,157
Sacramento $4,031,691
Sierra
County $124,441
Sacramento
County $4,229,006 $4,653,890
Siskiyou
County $260,618
Salinas $1,722,182
Solano
County $201,701 $240,083
San
Bernardino $2,521,132 $2,774,428 Soledad $120,961 $188,160 $188,207 San
Bernardino
County $5,916,756 Sonora $91,427 $138,507 $143,895
San
Buenaventur
a $555,571 $611,389
South Lake
Tahoe $299,525
San
Clemente $323,348 St. Helena $89,003 $137,118 $149,299
San Diego $9,903,933 Suisun City $154,683 $222,187 $257,916 San Diego
County $3,077,481 $3,386,672 Susanville $93,191 $141,632 $146,597 San
Francisco $13,550,527 $14,911,935
Sutter
County $181,910 $211,983
San Joaquin
County $2,241,046 Sutter Creek $78,644 $121,841 $128,764 San Jose $7,438,226 Taft $90,546 $140,591 $136,330
San Leandro $543,946 $598,596 Tehama $65,596 $101,632 $111,256 San Luis
Obispo
County $1,492,388
Tehama
County $186,685 $318,784 $414,843
San Marcos
City $319,178 $496,102 $545,945 Trinidad $66,081 $101,702 $111,256 San Mateo $584,800
Trinity
County $121,622 $186,424 $219,008
San Mateo
County $2,068,899 Truckee $181,722
Santa Ana $4,795,654
Tulare
County $969,060
Santa
Barbara $775,030 Tulelake $68,506 $106,563 $115,795
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 24 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Santa
Barbara
County $974,603
Tuolumne
County $242,182 $368,367 $476,771
Santa Clara $820,156 Ukiah $129,777 $199,618 $187,666
Santa Clara
County $1,260,160 Vernon $65,376 $100,591 $111,472
Santa Clarita $588,259 $914,338 $1,006,200 Wasco $135,508 $205,174 $244,947 Santa Cruz $452,837 Weed $76,661 $120,105 $131,466
Santa Maria $1,254,581 Westmorland $72,693 $113,507 $117,957 Santa
Monica $936,510 Wheatland $72,032 $110,035 $123,361
Santa Rosa $1,187,622 Williams $80,848 $126,355 $135,249 Santee $134,374 $208,859 $229,843 Willits $92,309 $137,813 $141,734 Seaside $193,124 $300,175 $330,334 Willows $138,491
Simi Valley $451,305 $496,647 Winters $136,077 $177,399 Sonoma
County $1,538,385 Woodlake $136,424 $150,380
South Gate $1,233,796 Yolo County $222,882 $234,679
South San
Francisco $372,849 Yountville $81,069 $127,049 $133,087 Stanislaus
County $1,975,561 Yreka $102,007 $154,827 $162,268
Stockton $2,660,093 $2,927,349 Yuba County $483,256
Sunnyvale $533,023 $828,483 $911,720
Temecula $467,631
Thousand
Oaks $506,368
Torrance $760,089
Tulare $494,944 $544,671
Turlock $309,854 $481,610 $529,997
Tustin $659,464
Union City $394,694 $434,349
Upland $431,845 $475,232
Vacaville $240,500 $373,812 $411,368
Vallejo $864,418
Ventura
County $1,470,575
Victorville $1,082,334
Visalia $1,078,990
Vista $635,530 $699,381
Walnut
Creek $236,813
Watsonville $362,515 $563,461 $620,071
West Covina $388,763 $604,258 $664,967
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 25 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
West
Sacramento $236,679 $367,872 $404,832
Westminster $873,327
Whittier $595,595 $655,434
Woodland $387,006 $425,889
Yorba Linda $182,215
Yuba City $483,607 $532,195
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 26 Appendix B
List of High-cost Areas in California
High-cost Area by
County
High-cost Area pursuant to Federal
Housing Finance Agency’s Maximum
Loan Limits for Mortgages Acquired
in Calendar Year 2020
High-cost Area pursuant to
Department of Housing and Urban
Development Very Low-Income
Adjustments due to High-Housing
Cost for Fiscal Year 2020-21
Alameda x
Contra Costa x
El Dorado x
Imperial x
Los Angeles x
Madera x
Marin x
Merced x
Monterey x
Napa x
Orange x
Placer x
Sacramento x
San Benito x
San Diego x
San Francisco x
San Luis Obispo x
San Mateo x
Santa Barbara x
Santa Clara x
Santa Cruz x
Solano x
Sonoma x
Tulare x
Ventura x
Yolo x
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 27 Appendix C
Estimate of Five-Year PLHA Allocation for Entitlement and Non-Entitlement Local government
Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino City $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano City $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 28 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy City $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora City $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio City $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas City $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 29 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa City $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount City $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton City $906,534 Palos Verdes Estates $580,305
Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova City $1,712,196 Placer County $2,730,542 Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093
Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin City $807,828 Rio Dell $474,513
Rosemead $2,059,428 Rio Vista $577,661
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 30 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712
San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713
San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos City $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 St. Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
Walnut Creek $830,694 Woodlake $539,311
Watsonville $2,175,090 Yolo County $819,661
West Covina $2,332,578 Yountville $486,414
Westminster $3,063,462 Yreka $612,043
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 31 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount West Sacramento $1,420,074 Yuba County $1,634,265
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 32 Appendix D
Housing Element and Annual Progress Report (APR) Submittal Status Requirement stated in Guidelines Section 302(a) and (b) To be eligible to apply, jurisdictions are required to have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

To verify current status and eligibility for PLHA funds, please consult the following resources:

Housing Element Compliance: Housing Element Review and Compliance Report | California Department of Housing and Community Development
Annual Progress Report Submittal: Annual Progress Reports - Data Dashboard and Downloads | California Department of Housing and Community Development Please note that PLHA is an over-the-counter program, allowing Applicants to apply at any point during the OTC application window of August 17 to October 31. If a jurisdiction is currently out of compliance, that jurisdiction, once it reaches compliance with the housing element and APR requirements, will be eligible for these funds.

For questions about Housing Element Compliance, please email [email protected]. For inquiries on status of APR submittal, please email [email protected].

To: Mayor and City Council
From: City Manager
Meeting Date: November 8, 2022
Subject: PUBLIC HEARING – ADOPTION OF THE 2022
CALIFORNIA BUILDING CODES, AMENDING TITLE 15,

BUILDING AND CONSTRUCTION, OF THE PICO RIVERA

MUNICIPAL CODE
Recommendation:

1. Conduct a public hearing for adoption by reference, of the Codes adopted by the California Building Standards Commission incorporating the California Building Code, California Residential Code, California Electrical Code, California Historical Building Code, California Plumbing Code, California Energy Code, California Existing Building Code, California Mechanical Code, California Green Building Standards Code, California Administrative Code, California Referenced Standards Code, the Los Angeles County Fire Code, the 2021 International Property Maintenance Code, along with any and all amendments and findings of the Codes as found in Pico Rivera’s amended Title 15 Municipal Code;

2. Adopt Ordinance No. 1163 amending Title 15 of the Pico Rivera Municipal Code by adopting by reference Parts 1 through 6, and 8 through 12 of Title 24 of the California Code of Regulations and the 2021 International Property Maintenance Code that was introduced on October 25, 2022; and

3. Authorize the City Clerk to file certified copies of Resolution No. 7234 and Ordinance No. 1163 with the California Building Standards Commission and the Department of Housing and Community Development.

Fiscal Impact:

There is no fiscal impact as a result of the recommended actions.

Discussion:

At the regularly held City of Pico Rivera City Council meeting on October 25, 2022, staff introduced Ordinance No. 1163 for a first reading and approved Resolution No. 7234 making express findings and determinations that modifications to the 2022 California Codes are reasonably necessary because of local climatic, geological, or topographical 2 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 8, 2022 PUBLIC HEARING – ADOPTION OF THE 2022 CALIFORNIA BUILDING CODES, AMENDING TITLE 15, BUILDING AND CONSTRUCTION, OF THE PICO RIVERA

MUNICIPAL CODE

conditions; and, set November 8, 2022, as the public hearing date in accordance with California Government Code Section 50022.3. A “Notice of Public Hearing” was published on October 28, 2022 in the Los Cerritos Newspaper, pursuant to California Government Code 6066.

California Government Code Section 38660 empowers the legislative body of a City to regulate building construction, and Section 50020 through 50022.7 provides for adoption of the codes by reference. California Health and Safety Code Section 17958 requires cities to adopt the most recent edition of the model building standards codes as amended and adopted by the California Building Standards Commission (CBSC).

The California Codes are applicable to all occupancies throughout the state, whether or not the local government takes an affirmative action to adopt these standards.

California law takes a straightforward approach to amendments by local governments:
• The governing body of the local government must make express findings that amendments to the building standards are necessary due to local climatic, topographic or geologic conditions.
• The local amendments may only provide for a more restrictive building standard than that contained in the California Codes.
• The administrative provisions of the California Codes may also be amended, provided they are found to be equivalent to the provisions outlined in the Codes. • The local amendments and the express findings must be filed with the California Building Standards Commission.

In accordance with these requirements, staff identified the climatic, geologic, and topographic conditions within the City’s region that necessitated amendments to the California Codes. The modifications to the California Codes contain vital provisions regarding administrative procedures, roofing materials, seismic requirements, foundation requirements, pool safety barriers and other matters necessitated by the City’s exposure to the above climatic, geologic, and topographic conditions.

In addition, the City proposes to adopt the 2021 International Property Maintenance Code. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare of existing structures. Existing structures and premises that do not comply with these provisions are required to be altered or repaired to meet these minimum standards for the safety of the residents and public, and the general quality of life for the community.

CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 8, 2022 PUBLIC HEARING – ADOPTION OF THE 2022 CALIFORNIA BUILDING CODES, AMENDING TITLE 15, BUILDING AND CONSTRUCTION, OF THE PICO RIVERA

MUNICIPAL CODE

Most of the changes and modifications are the same or substantially similar to those that the City has adopted for previous codes. These amendments to the Model Codes may be found in Title 15 of the Pico Rivera Municipal Code. The recommended code modifications will not impose any new or significant financial burden to development projects in the City, do not differ significantly from previous code adoption cycles, and are similar to code modifications in surrounding cities.

Environmental Analysis:

California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Many of the standards are already being implemented by the City when reviewing construction projects and would not change how these projects are reviewed and approved. For these reasons, the code amendments would not have the potential to result in individual or cumulative significant effects on the environment. They do not approve any physical development project, would not result in a direct or indirect physical change in the environment, and are exempt from review under CEQA.

Conclusion:

The approval of the code amendments set forth in Ordinance No. 1163 are necessary to maintain consistency with state law and ensure a safe built environment. Staff recommends the City Council approve for a second reading and adopt Ordinance No. 1163.

Steve Carmona
SC:JG:JF:jj
Enclosures: 1) Ordinance No. 1163
2) Resolution No. 7234
3) Public Hearing Notice
ORDINANCE NO. 1163

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF TITLE 15 OF THE PICO RIVERA MUNICIPAL CODE ADOPTING BY
REFERENCE PARTS 1 THROUGH 6, AND 8 THROUGH 12 OF TITLE
24 OF THE CALIFORNIA CODE OF REGULATIONS
WHEREAS, the City Council of the City of Pico Rivera hereby finds that the public health, safety, and welfare will be best protected and served by the adoption of various building and construction industry codes that are established and maintained by the State Building Standards Commission; and
WHEREAS, Section 19758 of the Health and Safety Code mandates that the City of Pico Rivera adopt ordinances and regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to the Health and Safety Code Section 17922; and
WHEREAS, Section 17958.5 of the Health and Safety Code permits the City to make changes or modifications as are reasonably necessary because of local conditions; and
WHEREAS, Section 17958.5 requires that the City make findings that such changes and modifications are needed due to climatic, geologic, or topographic conditions the findings of which were made by the City Council pursuant to City Council Resolution No. 7234 and is incorporated herein as part of these recitals; and WHEREAS, Section 18938 et seq. of the California Health and Safety Code specifies that the California Building Standards Code applies to all occupancies throughout the State; and
WHEREAS, Section 50022.1 et seq. of the California Government Code provides local agencies may enact ordinances which adopt codes by reference, in whole or part.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein as part of the findings.

SECTION 2. The Table of Contents of Title 15 of the Pico Rivera Municipal Code is hereby amended to read as follows:

TITLE 15

BUILDINGS AND CONSTRUCTION
Chapters:

15.04 Technical Building Codes
ENCLOSURE 1
2a
Ordinance No. 1163

15.08 Building Code

15.10 Residential Code

15.12 Housing Code

15.16 Abatement of Dangerous Building Code

15.24 Mechanical Code

15.28 Electrical Code

15.32 Plumbing Code

15.34 Green Building Standards Code

15.35 Energy Code

15.37 Historical Building Code

15.38 Existing Building Code

15.42 Referenced Standards Code

15.44 Fire Code
SECTION 3. Chapter 15.04 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.04 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.04 Technical Building Codes

15.04.010 Adoption of specific codes—Copies on file.

15.04.020 Definition of terms.

15.04.030 Resolution of conflicts in application.

15.04.010 Adoption of Specific Codes—Copies on file.

A. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, and area of buildings and structures, the following construction codes subject to the modifications set forth in this Chapter, are hereby adopted:

1. California Administrative Code, 2022 Edition;

2. California Building Code, 2022 Edition, including Volumes 1 and 2, and Appendix I, based on the 2021 International Building Code as published by the International Code Council;

3. California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council;

4. California Green Building Standards Code, 2022 Edition;

5. California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

6. California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

7. California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association; Ordinance No. 1163

8. California Historical Building Code, 2022 Edition, as published and adopted by the Building Standards Commission;

9. California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council;

10.California Energy Code, 2022 Edition, as published and adopted by the Building Standards Commission;

11.California Referenced Standards Code, 2022 Edition, as published and adopted by the Building Standards Commission;

12.Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), amending the 2019 California Fire Code as published and adopted by the Building Standards Commission.

B. In accordance with, Health and Safety Code Section 18942(d), one copy of an up to date version of said codes will remain on file for use and examination by the public in the office of the Building Official.

15.04.020 Definition of terms.

Whenever any of the following names or terms are used in this Title or in any of the codes adopted by reference in this Title, unless the context directs otherwise, such names or terms shall be deemed and construed to have the meaning ascribed to it in this section, as follows:

A. “Building Division” means the Community and Economic Development Department, Building Division of the City of Pico Rivera; B. “Building Official” means the Person serving in the position of Building Official within the Community and Economic Development Department of the City of Pico Rivera or his or her designee;
C. “Health Office” means the Los Angeles County Department of Health Services.

15.04.030 Resolution of conflicts in application.

In the event of any conflict or ambiguity between any provision contained in the California Codes and any amendment thereto or addition thereto contained in this title, the amendment or addition thereto shall control.

SECTION 4. Chapter 15.08 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.08 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.08 Building Code

15.08.010 Documents—Adopted by reference.

15.08.020 Chapter 1—General code provisions.

15.08.030 Section 312.1 amended—Swimming pools.

15.08.040 Sections 311.4 and 312.4 added—Garage surfaces.

Ordinance No. 1163

15.08.050 Section 312.5 added—Barbed wire and other fences.

15.08.060 Sections 403.4.8.3 and 403.4.8.4 amended—Smokeproof enclosures.

15.08.070 Section 502.1 amended—Address identification.

15.08.080 RESERVED

15.08.090 RESERVED

15.08.100 Section 718.3 amended—Draftstopping in floors.

15.08.110 Section 718.4 amended—Draftstopping in attics.

15.08.120 Table 1505.1 amended—Roof coverings.

15.08.130 Section 1505.1.2 amended—Roof coverings.

15.08.140 Section 1613.5.3 amended—Building seismic separation.

15.08.150 Section 3109.1.1 amended—Public bodies of water exemption.

15.08.160 Section 3109.4.1.10 added—Prohibited activity.

15.08.170 Section 202 amended—Private pool definition.

15.08.180 RESERVED

15.08.190 Section 3109.1.2 added—Pool lighting restriction.

15.08.200 Chapter 36 added—Construction and maintenance of parking areas.

15.08.210 Chapter 37 added—Relocation of buildings.

15.08.220 Chapter 38 added—Grading and excavation.

15.08.230 Appendix I, Section 1101.1 amended—Patio enclosures.

15.08.010 Documents—Adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Building Code including Appendix I, based on the 2021 Edition of the International Building Code, as published by the International Code Council, as Chapter

15.08 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of these codes is to prescribe regulations for the erection, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures.

State law references: Authority to regulate construction, Government Code Section 38660; California Building Standards Law, Government Code Section 18901 et seq.

15.08.020 Chapter 1—General code provisions.

Chapter 1, Division II of the 2022 California Building Code is hereby deleted and a new Chapter 1, Administration is added to read as follows:

Section 101 General
Section 102 Applicability
Section 103 Building division
Section 104 Duties and powers of building official
Section 105 Permits
Ordinance No. 1163

Section 106 Construction documents
Section 107 Temporary structures and uses
Section 108 Permit fees
Section 109 Inspections
Section 110 Certificate of occupancy
Section 111 Service utilities
Section 112 Board of appeals
Section 113 Violations and penalties
Section 114 Stop work order
Section 115 Unsafe structures and equipment
Section 116 Construction toilets
Section 117 Safety assessment placards
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the California Building Code of the State of California, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, 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. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, 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 firefighters and emergency responders during emergency operations.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the California Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

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101.4.3 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.4 Plumbing. The provisions of the California Plumbing Code 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. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. 101.4.5 Property maintenance. The provisions of the Uniform Housing Code 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 premises and structures. 101.4.6 Fire prevention. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.7 Energy. The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.

SECTION 102 APPLICABILITY
102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

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102.5 Partial invalidity. In the event that any part or provision of this code 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.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Building Code, Uniform Housing Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

SECTION 103 BUILDING DIVISION
103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official or a duly authorized representative.
103.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.

SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies 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 code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and 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 code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.
104.4 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 inspections 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, subject to the approval of the appointing authority.

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104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code 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 this code 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 code, provided that if such structure or premises be occupied that credentials be presented 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. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. The building official shall obtain an inspection warrant and may be accompanied by a sheriff. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally 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 an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction 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 provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, Ordinance No. 1163

accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Evaluation reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid evaluation reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

Exception: Electrical maintenance permits may be obtained on an annual basis subject to compliance with the following:

1. Any person, firm or corporation regularly employing one or more qualified maintenance electricians and possessing a valid annual electrical maintenance permit for the installation, alteration and maintenance of electrical equipment in or on buildings or premises owned or occupied by the permittee, may make application and obtain an annual maintenance permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit.

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Work authorized by an electrical maintenance permit shall be limited to installations, alterations, extensions and maintenance in or on existing buildings.

2. Within not more than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which an annual permit is issued shall transmit to the Building Official a monthly report of all electrical work which was done for the preceding month and shall obtain a permit for all such work and pay the fees in accordance with the fee schedule adopted by the City Council resolution except the charge for issuance of the permit.

3. The person, firm or corporation to whom an annual maintenance permit is issued shall keep a record of all electrical equipment installed under said permit and the Building Official shall have access to such records.

4. A permit granted to one person, firm or corporation shall not authorize any other person, firm or corporation, except an employee of the permittee, to do any electric wiring.

5. A fee shall be paid to the Building Official in accordance with the fee schedule adopted by City Council resolution, for each annual maintenance electrical permit at the time such permit is issued. Fees for all the work installed under such permit shall be paid at the time of submitting the monthly report.

Every person applying for qualification as maintenance electrician shall pay the Building Official in accordance with the fee schedule adopted by City Council resolution, for examination and qualification, and successfully pass an examination by the Building Official, relative to electrical work. In lieu of examination, possession of a State Electrical Contractor’s License or proof of qualification by another governmental jurisdiction acceptable to the Building Official may be considered as meeting the requirements of this Section. Waiver of examination shall not be considered a waiver of any fee required by this Section. Each annual maintenance electrician permit shall expire on December 31st of each year and shall be renewed within thirty (30) days thereafter upon payment of an annual renewal fee in accordance with the fee schedule adopted by City Council resolution.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Unless otherwise exempted by this Code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Building Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (complying with zoning consistency review and fee).

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2. Wooden or chain link fences not over 6 feet high and masonry garden walls less than 3 feet high. (Planning approval is required.)

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery. (Other Dept. approvals are required, including a temporary use permit.)

9. Prefabricated swimming pool accessory to a Group R-3 occupancy that are less than 18 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Treehouses, swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

4. Low Voltage Systems: Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 1,200 watts of energy.

Gas:

1. Portable heating appliance.

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2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

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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 Section 106.

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. 105.3.1 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 requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor.

No building permit or other similar applicable permit bearing on property development or use including additions, modifications, revisions or parking lots shall be issued unless and until the Community and Economic Development Director, Zoning Administrator or their designated representatives have reviewed and found same to be in compliance with all applicable Code provisions and/or entitlements.

If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, and the approval as to compliance with all applicable Code provisions and/or entitlements has been secured from the Community and Economic Development Director and the Zoning Administrator or their designated representative, the building official shall issue a permit therefor as soon as practicable.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
105.4 Validity of permit. 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 code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. 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 documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

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105.5 Expiration. 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 for a period of 12 months or more, the owner of the property upon which such structure is located or other person or agent in control of said property upon receipt of notice in writing from the Building Division to do so shall within ten (10) days from the date of such written notice obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the buildings or structure within one hundred twenty (120) days from date of the written notice. Should a new permit wish to be obtained after a permit has expired, full fees would be required.
105.6 Liens to be discharge. No permit shall be issued to any person or corporation under the provisions of this Chapter in respect to any property where the cost of any building repair or abatement has been confirmed by the Board of Appeals and a lien therefor has been recorded unless and until the amount of said lien with interest, has been paid in full.
105.7 Surrender of permit. If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words, “Canceled at the request of the Permittee.” Thereupon such permit shall be null and void and of no effect. 105.8 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.9 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.

SECTION 106 CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. 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 it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

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106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. 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 code and relevant laws, ordinances, rules and regulations, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation.

Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code.

The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, waterresistive membrane and details around openings.

The 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 which was tested, where applicable, as well as the test procedure used. 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction, as well as any known easements on the site, and existing distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and 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 demolished and the location and size of existing structures and construction that are to remain on the site or plot. 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. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such Ordinance No. 1163

examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
106.3.2 Previous approvals. This code 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 within 12 months after the effective date of this code and has not been abandoned.
106.3.3 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 submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure 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.
106.3.4 Design professional in responsible charge.
106.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall 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 professional 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 deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by Chapter 17, 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 (see also duties specified in Chapter 17).

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106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have the 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.

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 to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official. 106.4 Amended construction documents. Work shall be installed in accordance with the approved 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. 106.5 Number of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

SECTION 107 TEMPORARY STRUCTURES AND USES
107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.
107.3 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. 107.4 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.

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SECTION 108 PERMIT FEES
108.1 General. A fee for each required permit shall be assessed in accordance with the fee schedule adopted by City Council resolution.
108.2. Plan review fees and expiration. When the valuation of the proposed construction exceeds $500.00 and a plan is ready to be submitted by Subsection 105.3, a plan-checking fee, in an amount set by City Council resolution shall be paid to the City at the time of submitting plans and specifications for checking. When submittal documents are incomplete or changes so as to require additional plan review or when the project involves deferred submittal items, an additional fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. 108.3. Work without permits—Investigation fee. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued.

This fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalties prescribed by law.

For the purpose of this Section a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heater, etc., involved.

When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to any appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer.

When a permit has been obtained to connect to existing buildings or existing work to the public sewer or to connect to a new private disposal facility, backfilling or private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit.
108.4. Refunds. Refunds shall be paid in accordance with the refund schedule adopted by City Council resolution.
108.5. Certificate of occupancy fee. A fee for each Certificate of Occupancy or Temporary Certificate of Occupancy shall be assessed in accordance with the fee schedule adopted by City Council Resolution.

SECTION 109 INSPECTIONS
109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Ordinance No. 1163

code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 109.3.1 through 109.3.10. 109.3.1 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 C 94, the concrete need not be on the job. 109.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after 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.
109.3.3 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 Section 1612.4 shall be submitted to the building official. 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
109.3.4.1 Moisture Content Verification
Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5. 109.3.4.2 Types IV-A, IV-B and IV-C Connection 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, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.

Ordinance No. 1163

109.3.4.3 Weather-Exposed Balcony and Walking Surface Waterproofing Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.
109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.
109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fireresistance-rated assemblies shall not be concealed from view until inspected and approved.
109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency. 109.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
109.3.9 Special inspections. For special inspections, see Chapter 17. 109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed.
109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The Ordinance No. 1163

building official, upon notification, 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 his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

SECTION 110 CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification or change of business ownership or ownership of a building or structure or portion thereof shall be made or until the building official has inspected and issued a certificate of occupancy therefor as provided herein.

Exception No. 1: Group R, Division 3 and Group U Occupancies.

Exception No. 2: Commercial Office Space sublet within an existing office space, approved by a Certificate of Occupancy is exempt from building inspection.

Issuance of a certificate of occupancy shall not be construed as an approval or a violation of the provisions of this code or of other ordinances of the jurisdiction.

Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the city, and all work has been completed if a permit was issued, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy 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 permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, Ordinance No. 1163

provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a Certificate of Occupancy is issued.
110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

SECTION 111 SERVICE UTILITIES
111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.

There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing and mechanical inspections have been made and approval has been first obtained from the Building Official, except as provided for in Subsection 110.3 for a temporary Certificate of Occupancy.
111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

SECTION 112 BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure.

The board shall adopt rules of procedure for conducting its business.

Ordinance No. 1163

112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
112.4 Applications, fees and findings. Any person appealing the decision of the Building Official shall file with the Building Official a written application accompanied by a filing fee in accordance with the fee schedule adopted by City Council Resolution at any time not more than 20 days after the decision of the Building Official.

The application shall set forth and include any information as the Building Official may require.

Upon the filing of a verified application, the Building Official shall transmit said application forthwith to the Board of Appeals, and such board shall investigate, examine, review, hear testimony, from and on behalf of the applicant, and shall render their findings and decisions on the matter in writing to the applicant with a duplicate copy to the Building Official within 20 days after the conclusion of its proceedings, the Building Official shall make all findings and decisions freely accessible to the public.

SECTION 113 VIOLATIONS AND PENALTIES
It shall be unlawful for any person, firm, corporation or any other legal entity to erect, construct, enlarge, alter, repair, move, improve, remove, relocate, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

A violation of any provision of this code, or of any permit, approved plans and specifications, or any amendment thereto, is a misdemeanor and is punishable by a fine of not to exceed $1,000.00 or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof, during which any violation of the code occurs or continues, constitutes a new and additional separate offense.

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be permit for, or an approval of any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. Any person who violates a provision of this code 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 approved construction documents or directive of Ordinance No. 1163

the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

SECTION 114 STOP WORK ORDER
114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT
115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
115.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
115.4 Method of service. Such notice shall be deemed properly served if a copy thereof is: (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be Ordinance No. 1163

posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of the California Existing Building Code.

SECTION 116 CONSTRUCTION TOILETS
116.1 Temporary construction toilets. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal or demolition of any building or structure, unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be located upon or within a reasonable distance of the lot, premises or site upon which such work is being done. In no case shall the line of travel to any toilet facility exceed three hundred feet (300'). 116.2 Toilet standards. Every toilet shall be of the water flush type and connected to a public sewer. All toilet structures shall be completely enclosed on four sides and the top and the door shall be self closing; the toilet floor shall be smooth, and screened ventilation shall be provided in toilet compartment. In lieu of flush water closets, approved chemical toilets may be provided.

SECTION 117 SAFETY ASSESSMENT PLACARDS
Sections:
117.1 Intent.
117.2 Application of provisions.
117.3 Definitions.
117.4 Placards.
117.1 Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
117.2 Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Pico Rivera. The Building Official may extend the provisions as necessary. 117.3 Definitions. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

Ordinance No. 1163

117.4 Placards.
(a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.

Copies of actual placards are attached.
(1) INSPECTED—Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found.

This placard is not intended to mean that there is no damage to the building or structure.
(2) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
(3) UNSAFE—Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (b) This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
(c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

15.08.030 Section 312.1 amended—Swimming pools.

Section 312.1 of the California Building Code is amended to add “swimming pools” to the list of Group U occupancies such that the section reads as follows:
312.1 General. Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following:

Agricultural buildings
Aircraft hangars, accessory to a one- or two-family residence (see Section 412.4 of the California Building Code)
Barns
Carports
Ordinance No. 1163

Communication equipment structures with a gross floor area of less than 1,500 square feet (139 m2)
Fences more than 6 feet (1,829 mm) high
Grain silos, accessory to a residential occupancy
Livestock shelters
Private garages
Retaining walls
Sheds
Stables
Tanks
Towers
Swimming pools

15.08.040 Sections 311.4 and 312.4 added—Garage surfaces.

Section 311.4 is added to read as follows:

In areas where motor vehicles are stored or operated, floor surfaces shall be paved with Portland cement concrete with a minimum compressive strength of 2000 psi or approved equal.

Section 312.4 is added to read as follows:

In areas where motor vehicles are stored or operated, floor surfaces shall be paved with Portland cement concrete with a minimum compressive strength of 2000 psi or approved equal.

15.08.050 Section 312.5 added—Barbed wire and other fences.

Section 312.5 is added to read as follows:
312.5. No barbed wire or other sharp, pointed fence or electrically charged wire shall be erected, constructed or maintained.

Exception: The Building Official may permit properties with rear or side property lines abutting a utility right-of-way to install barbed wire with valid justification.

15.08.060 Sections 403.4.8.3 and 403.4.8.4 amended—Smokeproof enclosures.

Sections 403.4.8.3 and 403.4.8.4 of the California Building Code are modified by moving No. 1, Ventilation and automatic fire detection equipment for smokeproof enclosures, from Section 403.4.8.3 Standby Power Loads and placing it in Section 403.4.8.4 Emergency Power Loads. The revised sections are to read as follows:
403.4.8.3 Standby power loads. The following are classified as standby power loads:

1. Elevators;
Ordinance No. 1163

2. Where elevators are provided in high-rise buildings for accessible means of egress, fire service access or occupant self-evacuation, the standby power system shall also comply with Sections 1009.4, 3007 or 3008, as applicable. 403.4.8.4 Emergency power loads. The following are classified as emergency power loads:

1. Exit signs and means of egress illumination required by Chapter 10;

2. Elevator car lighting;

3. Emergency voice/alarm communications systems;

4. Automatic fire detection systems;

5. Fire alarm systems;

6. Electrically powered fire pumps;

7. Power and lighting for the fire command center required by Section 403.4.6; and

8. Ventilation and automatic fire detection equipment for smokeproof enclosures.
(Ord. 1080 § 9, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.070 Section 502.1 amended—Address identification.

Section 502.1 of the California Building Code shall be amended to read:
502.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke of 0.5 inch (12.7 mm) for single family residential structures; 6 inches (105.4 mm) high for multi-family structures; and 12 inches (304.8 mm) high for commercial structures, suite identifiers shall be a minimum of 5 inches (87.83 mm) high and above suite doors or as approved by the local AHJ. Where access is by means of a private road and the building cannot be viewed from a public way, a monument, pole or other acceptable sign or means shall be used to identify the structure.

All commercial buildings shall maintain an address painted on the roof in contrasting colors that measures 3 feet tall with 9-inch (158.9 mm) minimum strokes. The address numbers shall be underlined in order to clarify the correct reading of the address from the air.

15.08.080 RESERVED

15.08.090 RESERVED

15.08.100 Section 718.3. amended—Draftstopping in floors.

Section 718.3. of the California Building Code is amended by deletion of Exception, add a new exception to read as follows:

Ordinance No. 1163

Exception: Where an automatic sprinkler system in accordance with Section 903.3.1.1 is installed, the area between draft stops may be 3,000 square feet (279 m2) and the greatest horizontal dimension may be 100 feet (30,480 mm). (Ord. 1080 § 13, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.110 Section 718.4 amended—Draftstopping in attics.

Section 718.4 of the California Building Code is amended by deletion of Exception, add a new exception to read as follows:

Exception: Where an automatic sprinkler system in accordance with Section 903.3.1.1 is installed, the area between draft stops may be 9,000 square feet (836 m2) and the greatest horizontal dimension may be 100 feet (30,480 mm). (Ord. 1080 § 14, 2013; Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.08.120 Table 1505.1 amended—Roof coverings.

Table 1505.1 is hereby amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING

CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A* A*
* Unless approved by the building official where Class B roofing is allowed.

15.08.130 Section 1505.1.2 amended—Roof coverings.

Section 1505.1.2 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A, unless approved by the building official.

15.08.140 Section 1613.5.3 amended—Building seismic separation.

Section 1613.5.3 is hereby amended read as follows:
1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:

Ordinance No. 1163

(Equation 12.12-1)

15.08.150 Section 3109.1 amended—Public bodies of water exemption.

Section 3109.1 is amended by adding an exception to read as follows:

Exception: Exemption of public bodies of water. Where bodies of water are located on public land within the City of Pico Rivera, this section need not be complied with where it has been determined by the Building Official that dispensing with any or all of the provisions of this section will adequately protect the public health, safety and welfare.

This section shall not apply to public bodies of water located on land owned, possessed or under control of the State, County, Municipal or other governmental entities or their lessees or assigns.

15.08.160 Section 3901.1.1 added—Prohibited activity.

Section 3901.1.1 is added to read as follows:
3109.4.1.10 Prohibited activity adjacent to pools regulated by this section. Every person in possession of land within the City of Pico Rivera, either as owner, purchaser under contract, or otherwise, fee holder, lessee, tenant, or licensee, adjacent to land coming within the definition of this section upon which there is located a swimming pool, shall not alter, change or increase the level of the underlying ground in possession of said person and adjacent to any fence or structure required under this section so as to place the possessor of said land upon which exists a swimming pool, in violation of this section, without a permit to do so from the Building Official. Said permit shall be subject to provisions of this section.

15.08.170 Section 202 amended—Private pool definition.

Section 202 is amended by deletion of the definition of private pool and adding a new definition as follows::

PRIVATE POOL is any constructed pool or spa, permanent or portable, and over 18 inches deep, which is intended for non-commercial use as a swimming pool by not more than three owner families and their guests.

15.08.180 RESERVED

15.08.190 Section 3109.1.2 added—Pool lighting restriction.

Section 3109.1.2 is added to read as follows:
3109.1.2 Lights. Any lights used to illuminate a swimming pool shall be so arranged and shaded as to reflect light away from any adjoining premises.

Ordinance No. 1163

15.08.200 Chapter 36 added—Construction and maintenance of parking areas.

Add new Chapter 36 to read as follows:

CHAPTER 36

CONSTRUCTION AND

MAINTENANCE OF PARKING AREAS
Section 3600
3601. General. The provisions of this Chapter shall apply to the construction and maintenance of all parking areas used or intended to be used for parking of vehicles whether required by Ordinance or not, and including driveways and access to such parking areas.
3602. Definitions. For the purposes of this Chapter, the following definitions apply unless a different meaning is expressly provided elsewhere in this Chapter. 3602.1. Bus is any self-propelled vehicle other than a motor truck or truck tractor, designed for carrying more than nine persons, including the driver, and used or maintained for the transportation of passengers.
3602.2. Motor truck is a self-propelled vehicle designed or maintained primarily for the transportation of property.
3602.3. Parking area is an area or space designed, used or intended to be used for the storage, parking, maintenance, service, driving, repair, display or operation of vehicles and includes areas used or intended to be used for driveway or access to such parking areas from the public right-of-way to such area, but does not include public roads, streets, highways and alleys. Parking area, as herein defined, includes within its definition those areas defined in Section 18.44 of Title 18 of the Pico Rivera Municipal Code pertaining to automobile storage areas and off-street parking spaces as well as the driveway thereof.
3602.4. Passenger vehicle is any self-propelled vehicle other than a motor truck or truck tractor, designed for carrying no more than nine persons including the driver, and used or maintained for the transportation of persons and shall include motor trucks with a gross vehicle rating less than 6,000 pounds.
3602.5. Truck tractor is a self-propelled vehicle designed, used or maintained primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and loads so drawn.

Ordinance No. 1163

3602.6. Vehicle is a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
3603. Scope. No areas shall be used for the storage, parking, maintenance, service, driving, repair, display or operation of vehicles unless constructed and maintained in accordance with the terms and provisions of this chapter.

Exception: (1) That portion of any land coming within the definitions of parking area in use for such purposes on the effective date of the ordinance enacting this Chapter and which is paved and is being maintained in a safe manner so as not to become a nuisance, may continue in use without meeting the provisions of this Chapter, however, any extension, alteration or reconstruction of such areas in whole or in part shall be subject to the terms and provisions of this Chapter.

Exception: (2) The Public Works Director may authorize temporary parking areas to be used in connection with special events, new construction, or areas to be used for a limited period of time not exceeding six months where construction of permanent facilities in accordance with the standards of this Chapter would be impractical. The Public Works Director may impose requirements for dust control, temporary paving or such other requirements as may be necessary to accomplish the intent of this Chapter, as conditions pursuant to authorization.
3604. Permit required. No person, firm or corporation shall construct, reconstruct, alter, enlarge or pave any parking area without first obtaining a separate paving permit from the Public Works Director.

Exception: (1) No paving permit shall be required for any paving work within or under a building for which a valid building permit has been issued.

Exception: (2) No paving permit shall be required for paving work serving R-3 Occupancies where the areas to be paved do not exceed 1,000 square feet. 3605. Standards. Parking areas shall be constructed in accordance with the standards for public works contracts heretofore adopted by the City Council, and except as otherwise specifically provided in this Chapter. In the event any provision of this Chapter should be inconsistent in whole or in part with said public works standards, the provisions of this Chapter shall govern to that extent. 3606. Paving required.
3606.1. General. All parking areas shall be surfaced with materials approved by the Public Works Director so as to provide a permanent surface capable of withstanding the type of vehicular traffic to which such area is likely to be subjected. 3607. Covered parking areas. Parking areas within or under a building shall be paved with Portland cement concrete with a minimum compressive strength of 2,000 psi or approved equal.

Ordinance No. 1163

3608. Open parking areas. Parking areas other than those within a building shall be paved as follows;
3608.1. Areas designed or used for display, operation or parking of motor vehicle shall be paved with Portland Cement concrete, asphaltic concrete or other approved permanent type of paving materials.
3608.2. Areas for parking or storage of vehicles other than motor vehicles and areas where hard-surfaced paving would pose a material hazard to prospective users may be surfaced with an approved less permanent type of surfacing, provided, however, that such surface shall be the equivalent of 1/4" pea gravel, not less than 2" in thickness.

Base or subgrade slopes for temporary parking areas shall be the equivalent of 1/4" pea gravel, not less than 2" in thickness. Base or subgrade slopes for temporary parking areas shall be maintained at not less than 1% slope.
3609. Plans. Plans for parking areas shall be submitted to the Public Works Director for checking. Plans shall show sufficient information to enable the Public Works Director to determine their compliance with this Chapter.

Plans shall be drawn to scale and shall show existing and proposed elevations, materials of construction, details of drainage structures, method of disposal of surface water, drainage provisions for protection and drainage of adjoining properties including any necessary easements, quantities of cut or fill necessary to complete the work and any other information deemed necessary by the Public Works Director. 3610. Fees. Fees for paving permits shall be assessed in accordance with the fee schedule adopted by City Council resolution.
3611. Approvals required.
3611.1. No work shall be done on any parking area beyond the point authorized in each successive inspection without first obtaining the approval of the Public Works Director.

Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by Subsection (b).
3611.2. The Public Works Director, upon notification from the permit holder or his agent; shall make the following inspections of parking areas and shall approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law.
3611.2.1. Subgrade Inspection to be made when the site has been cleared and is prepared to receive fill material or aggregate base. When no fill operation is to be done, or the fill is minor in nature, subgrade inspection may be waived by the Public Works Director.

Ordinance No. 1163

3611.2.2. Base Inspection to be made after base or subgrade has been brought to proper grade and alignment for placing of paving materials and after all required curbing and gutters are in place.
3611.2.3. Final Inspection to be made when parking area is complete. 3612. Testing. When there is insufficient evidence of compliance with the provisions of this Chapter or evidence that any material or any construction does not conform to the requirements of this Chapter or in order to substantiate claims for alternate materials or methods of construction, the Public Works Director may require tests as proof of compliance to be made at the expense of the owner of his agency by an approved agency.
3613. Thickness. Pavement thickness shall be determined by the type of traffic it is likely to be subject to and the type of soil at the site. Pavement shall have minimum thickness of three inches (3") for passenger vehicle parking areas and a minimum thickness of five inches (5") for motor truck, truck tractor or bus parking areas.

Exceptions: Thickness of asphalt concrete may be reduced to a minimum thickness of two inches (2") for passenger vehicle traffic and three inches (3") for motor truck, truck tractor, or bus traffic provided an approved aggregate base course is constructed under the asphalt pavement. The minimum thickness of such base course shall be four inches (4").
3614. Asphalt concrete pavement. Asphalt concrete pavement shall be of mix Type 1- C 40/50 as set forth in the Standard Specifications for Public Works Construction. 3615. Portland cement pavement. Portland Cement concrete used for curbs and gutters and for paving of parking areas outside of buildings shall have a minimum compressive strength of 2,000 psi.
3616. Preparation of surface to be paved.
3616.1. Preparation of surfaces to be paved shall be performed in accordance with the Standard Specifications for Public Works construction aforementioned. 3616.2. Soil sterilization shall be used in all areas to be paved with asphalt concrete.

Sterilants shall be applied in accordance with manufacturer’s recommendations. 3616.3. Prime Coating: when asphalt concrete pavement is to be placed without providing a base course an asphalt prime coat consisting of SC-70 liquid asphalt shall be applied at a rate of 0.10 and 0.25 gallons per square yard, in accordance with the aforementioned Standard Specifications for Public Works construction, prior to placing of pavement.
3617. Drainage. All paved areas shall be sloped to drain. Finished slopes of areas paved with asphalt concrete shall be not less than one percent (1%). Finish slope of Ordinance No. 1163

areas paved with Portland Cement concrete shall be not less than one-half percent (1/2%). Where Portland Cement concrete gutters are installed to receive drainage from asphalt concrete paved areas, such gutters shall be not less than three feet (3') in width. 3618. Storm water disposal. Paved areas shall be designed to carry surface water to the nearest practical street, storm drain, or natural watercourse approved by the Public Works Director. Concentrated flows of water from parking areas shall not flow by gravity over any public property but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk in a manner satisfactory to the Public Works Director.
3619. Maintenance. All parking areas shall be maintained in a safe and sanitary condition and shall be kept in good repair. Any alteration, enlargement, reconstruction, in whole or in part, other than normal maintenance repairs, shall be pursuant to permit and subject to the provisions of this Chapter. The provisions of Section 115 of this code, as amended, shall apply to parking areas and for the purpose “Building” or “Structure” as used therein shall mean “Parking Area.”

15.08.210 Chapter 37 added—Relocation of buildings.

Add new Chapter 37 to read as follows:

CHAPTER 37

RELOCATION OF BUILDINGS
Section 3700
3701. Scope. No person shall move or relocate any building or structure onto any premises until he first posts a surety bond and secures a building permit as hereinafter provided.

Exception. The provisions of this Chapter shall not apply to moving a contractor’s tool house, construction building or similar structure, which is moved as construction requires, onto any premises.
3702. Waiver of bond or permit. Neither a bond nor a deposit need be posted nor made in any case where the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to an adjacent property of the same owner or within the confines of a single parcel and that no such security is necessary in order to assure compliance with the requirements of this Chapter.

The Building Official may waive the requirement of bond or deposit when the owner of the property is a governmental agency.

Ordinance No. 1163

3703. Application. Every application to the Building Official for a relocation building permit shall be in writing upon a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this Chapter.
3704. Investigation required. In order to determine any of the matters presented by the application, the Building Official may require plans, photographs or other substantiating data, and may cause to be made any investigation which he believes is necessary or helpful. After the investigation is completed, if the applicant fails to post the required bond and secure the relocation building permit within sixty (60) days, the application is null and void.
3705. Application fees. In addition to the building permit fee required, the applicant for a relocation building permit shall pay an application and investigation fee, in accordance with the fee schedule adopted by City Council resolution, to the Building Official for inspection of the building as its present location and investigation of the proposed site. 3706. Permit fees. Building permit fees for repairs or alterations to relocated buildings shall be assessed in accordance with the fee schedule adopted by City Council resolution. Valuation for relocated building shall be computed as being not less than seventy-five percent (75%) of the value for new work.
3707. Issuance of permit. If the condition of the building or structure in the judgment of the Building Official admits of practicable and effective repair, he may issue a relocation building permit to the owner of the property where the building or structure is to be relocated, upon conditions as hereinafter provided; otherwise, the permit shall be denied.
3708. Condition of permit. The Building Official, in granting any relocation building permit, may impose thereon such terms and conditions as he may deem reasonable and proper. These terms may include, but are not limited to, the period of time required to complete all work; the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that such building or structure will comply with all requirements of this Code and all other applicable laws and ordinances. 3709. Definitions. Approved surety is a surety company which: (1) is authorized to do business in the State of California; (2) has fulfilled all legal obligations pertaining to dealings involving the City of Pico Rivera Building Laws upon demand of the Building Official; (3) has been approved by the Building Official as a qualified surety company. 3710. Bond required. The Building Official shall not issue a relocation building permit unless the owner first posts with the Building Official a bond executed by said owner, as principal, and by an approved surety company authorized to do business in this State, as surety, or deposits a cash bond as hereafter provided. 3711. Bond requirements. The surety bond required by this chapter shall:

Ordinance No. 1163

(a) Be in form joint and several.
(b) Name the City of Pico Rivera as obligee.
(c) Be in an amount equal to the estimated costs, plus 10% of the work required to be done in order to comply with all the conditions of the relocation building permit, such amount to be estimated by the Building Official, but in no case shall said bond be less than $10,000.00.
(d) State therein the legal description or address of the property upon which the building or structure is to be relocated.
3712. Bond conditions. The surety bond shall provide that:

1. All work required to be done pursuant to the conditions of the relocation building permit shall be performed and completed within the time period as set by the Building Official.

2. The time limit specified may be extended for good and sufficient cause after written request of the Principal and Surety, either before or after said time limit has expired. The Building Official shall notify the Principal and Surety in writing of such time extension and may extend the time limit without consent of the surety.

3. The term of such bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation building permit.

4. The Building Official, the Surety or duly authorized representative of either shall have access to the premises described in the relocation building permit for the purpose of inspecting the progress of the work.

5. Upon default by the Principal, the Surety shall be required to perform all conditions set forth in the relocation permit and have the right of entry to the premises to perform such conditions.

6. In the event of any default in the performance of any term or conditions of the relocation building permit, the Surety or any person employed or engaged on its behalf, may go upon the premises to complete the required work to remove or demolish the building or structure, and clear, clean and restore the site.

7. The relocation building permit shall be null and void if the building or structure is not relocated to the proposed site within sixty (60) days after issuance of the permit.
3713. Notice of default. Whenever the Principal on the bond defaults in the performance of the conditions required by the relocation building permit, the Building Official shall give notice in writing to the Principal and the Surety on the bond. 3714. Details of notice. The Building Official in the notice of default shall state the conditions of the bond which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of such work.

Ordinance No. 1163

3715. Surety requirements. After a receipt of a notice of default, the Surety, within the time therein specified shall cause the required work to be performed. 3716. Option of demolition. When any default has occurred on the part of the Principal under the provisions of this Chapter, the Surety, as its option, in lieu of completing the work required may remove or demolish the building or structure and clear, clean and restore the site.
3717. Default of cash bond. If a cash bond has been posted the Building Official shall give notice of default, as provided above, to the Principal and if compliance is not met within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise at his discretion.

The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus 10 percent (10%) thereof.
3718. Return of cash bond. When a cash bond has been posted, and all requirements of relocation building permit have been completed, the Building Official shall return the cash to the depositor or to his successors or assigns except any portion thereof that may have been used or deducted as provided elsewhere in this Chapter. 3719 Right of entry penalties. The owner, his representatives, successor or assigns or any other person who interferes with or obstructs the ingress or egress to or from any such premises, of any authorized representative or agent of any surety of the City of Pico Rivera engaged in the work of completing, demolishing or removing any building or structure for which a relocation building permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
3720. Denial or relocation permit. No permit shall be granted hereunder when it has been determined that to move or relocate said building, house, garage or structure would be detrimental to the public peace, health, safety and welfare in that the building is so constructed as to be in a dangerous condition or is infested with pests or is unsanitary or is not fit for human habitation or is so dilapidated, defective or unsightly or in such a condition that its location at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvement within the immediate neighborhood.

15.08.220 Chapter 38 added—Grading and excavation.

Add new Chapter 38 to read as follows:

CHAPTER 38

GRADING AND EXCAVATIONS
Ordinance No. 1163

SECTION 3800
3801. Purpose. The purpose of this appendix is to safeguard life, limb, property and the public welfare by regulating grading on private property. 3805. Scope. This appendix sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction, including private streets and all utilities therein.

The standards listed below are recognized standards.

1. Testing.

1.1 ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures

1.2 ASTM D 1556, In Place Density of Soils by the Sand Cone Method

1.3 ASTM D 2167, In Place Density of Soils by the Rubber Balloon Method

1.4 ASTM D 2937, In Place Density of Soils by the Drive Cylinder Method

1.5 ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods
The following California section replaces the corresponding model code section for applications specified by law for the Department of Housing and Community Development and the Office of Statewide Health Planning and Development. 3805a. Scope [For HCD 1, OSHPD 1&2]. This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and provides for approval of plans and inspection of grading construction.

SECTION 3806. PERMITS REQUIRED
3806.1 Permits Required. Except as specified in Section 3806.2 of this section, no person shall do any grading without first having obtained a grading permit from the Public Works Director.
3806.2 Exempted Work. A grading permit is not required for the following:

1. When approved by the Public Works Director, grading in an isolated, selfcontained area if there is no danger to private or public property.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit.

This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1,524 mm) after the completion of such structure.

3. Cemetery graves.

Ordinance No. 1163

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells or tunnels or utilities.

6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

8. An excavation that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course and (1) is less than 1 foot (305 mm) in depth or (2) does not create a cut slope greater than 3 feet (915 mm) in height and steeper than 1 unit vertical in 2 units horizontal (30% slope).

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

SECTION 3807. HAZARDS. Whenever the Public Works Director determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

SECTION 3808. DEFINITIONS. For the purposes of this appendix, the definitions listed hereunder shall be construed as specified in this section.

APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the Public Works Director.

AS GRADED is the extent of surface conditions on completion of grading.

BEDROCK is in-place solid rock.

BENCH is a relatively level step excavated into earth material on which fill is to be placed.

BORROW is earth material acquired from an off-site location for use in grading on a site.

Ordinance No. 1163

CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works.

CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

COMPACTION is the densification of a fill by mechanical means.

EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.

ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology.

ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.

EXCAVATION is the mechanical removal of earth material.

FILL is a deposit of earth material placed by artificial means.

GEOTECHNICAL ENGINEER. See soils engineer.

GRADE is the vertical location of the ground surface.

Existing Grade is the grade prior to grading.

Finish Grade is the final grade of the site that conforms to the approved plan.

Rough Grade is the stage at which the grade approximately conforms to the approved plan.

GRADING is any excavating or filling or combination thereof.

KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

Ordinance No. 1163

SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

SOIL is naturally occurring superficial deposits overlying bedrock.

SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.

SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

SECTION 3809. GRADING PERMIT REQUIREMENTS
3809.1 Permits Required. Except as exempted in Section 3806 of this code, no person shall do any grading without first obtaining a grading permit from the Public Works Director. A separate permit shall be obtained for each site, and may cover both excavations and fills.
3809.2 Application. The provisions of Section 106.3.1 are applicable to grading.

Additionally, the application shall state the estimated quantities of work involved. 3809.3 Grading Designation. Grading in excess of 2,500 cubic yards (1,911 m3), grading and earthworks construction supporting a major structure as determined by the Public Works Director and grading on known or established flood hazard and/or environmentally sensitive areas, shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 500 cubic yards (1,911 m3) shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the Public Works Director determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. Regular grading plans shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications unless exempted by the Public Works Director.
3809.4 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Public Works Director.

Ordinance No. 1163

Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. 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.

5. 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 adjacent owners that are within 15 feet (4,572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Public Works Director, specific recommendations contained in the soils engineering report and the engineering geology report which are applicable to grading, may be included by reference.

7. 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.
3809.5 Soils Engineering Report. The soils engineering report required by Section 3809.4 shall include data regarding the nature, distribution and strength of existing soils, 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. 3809.6 Engineering Geology Report. The engineering geology report required by Section 3809.4 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. 3809.7 Liquefaction Study. The Public Works Director may require a geotechnical investigation in accordance with Section 1803A when, during the course of an Ordinance No. 1163

investigation, all of the following conditions are discovered, the report shall address the potential for liquefaction:

1. Shallow ground water, 50 feet (15,240 mm) or less.

2. Unconsolidated sandy alluvium.

3. Seismic Zones C through F.
3809.8 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work.

The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limiting dimensions and depth of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4,572 mm) of the proposed grading.
3809.9 Issuance. The provisions of Section 106.4 are applicable to grading permits.

The Public Works Director may 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.

The Public Works Director may require professional inspection and testing by the soils engineer. When the Public Works Director has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

SECTION 3810. GRADING FEES
3810.1. General. Fees shall be addressed in accordance with the provisions of this section.
3810.2. Plan review fees and expiration. When a plan or other data is required by the Public Works Director to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Public Works Director. The Public Works Director may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
3810.3. Grading permit fees. A fee for each grading permit shall be paid to the Public Works Director. Fee shall be assessed in accordance with the fee schedule adopted by Ordinance No. 1163

City Council resolution. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains as similar facilities. 3810.4. Investigation fees, work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. This fee shall be assessed in accordance with the fee schedule adopted by City Council resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalties prescribed by law.
3810.5. Refunds. Refunds shall be paid in accordance with the refund schedule adopted by City Council.

SECTION 3811. BONDS. The Public Works Director may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bonds the applicant may file a cash bond or instrument of credit with the Public Works Director in an amount equal to that which would be required in the surety bond.

SECTION 3812. CUTS
3812.1 General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.
3812.2 Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permittee furnishes an acceptable soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

SECTION 3813. FILLS
3813.1 General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

Ordinance No. 1163

3813.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1,524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at least 10 feet (3,048 mm) wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet (3,048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.
3813.3 Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Public Works Director, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.

Exception: The Public Works Director may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3,048 mm) or more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
3813.4 Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density.
3813.5 Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope).

SECTION 3814. SETBACKS
3814.1 General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure A-38-1.
3814.2 Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and need not exceed a maximum of 10 feet (3,048 mm). The setback may need to be increased for any required interceptor drains.

Ordinance No. 1163

3814.3 Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and need not exceed a maximum of 20 feet (6,096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Public Works Director deems necessary to protect the adjoining property from damage as a result of such grading.

These precautions may include but are not limited to:

1. Additional setbacks.

2. Provision for retaining or slough walls.

3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.

4. Provisions for the control of surface waters.
3814.4 Modification of Slope Location. The Public Works Director may approve alternate setbacks. The Public Works Director may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.

SECTION 3815. DRAINAGE AND TERRACING
3815.1 General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal (33.3% slope). 3815.2 Terrace. Terraces at least 6 feet (1,829 mm) in width shall be established at not more than 30-foot (9,144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than 60 feet (18,288 mm) and up to 120 feet (36,576 mm) in vertical height, one terrace at approximately mid-height shall be 12 feet (3,658 mm) in width.

Terrace widths and spacing for cut and fill slopes greater than 120 feet (36,576 mm) in height shall be designed by the civil engineer and approved by the Public Works Director. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1,524 mm).

A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1,254.2 m2) (projected) without discharging into a down drain.

Ordinance No. 1163

3815.3 Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
3815.4 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Public Works Director or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices.

Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, unless waived by the Public Works Director.

Exception: The gradient from the building pad may be 1 percent if all of the following conditions exist throughout the permit area:

1. No proposed fills are greater than 10 feet (3,048 mm) in maximum depth.

2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet (3,048 mm).

3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope) have a vertical height in excess of 10 feet (3,048 mm). 3815.5 Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet (12,192 mm) measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured horizontally across the drain. The slope of drain shall be approved by the Public Works Director.

SECTION 3816. EROSION CONTROL
3816.1 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval.

Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.
3816.2 Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

SECTION 3817. GRADING INSPECTION
3817.1 General. Grading operations for which a permit is required shall be subject to inspection by the Public Works Director.

Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, and the engineering geologist retained to provide such services in Ordinance No. 1163

accordance with Section 3817.5 for engineered grading and as required by the Public Works Director for regular grading.
3817.2 Civil Engineer. The civil engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall consist of observation and review as to the establishment of line, grade, and surface drainage of the development area. If revised plans are required during the course of the work, they shall be prepared by the civil engineer.
3817.3 Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Public Works Director and the civil engineer.
3817.4 Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
3817.5 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the Public Works Director. In the event of changed conditions, the permittee shall be responsible for informing the Public Works Director of such change and shall provide revised plans for approval. 3817.6 Public Works Director. The Public Works Director shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.
3817.7 Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the Public Works Director.
3817.8 Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area Ordinance No. 1163

of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Public Works Director in writing of such change prior to the recommencement of such grading.

SECTION 3818. COMPLETION OF WORK
3818.1 Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 3817.5 showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer retained to provide such services in accordance with Section 3817.3, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Section 3817.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.

4. The grading contractor shall submit in a form prescribed by the Public Works Director a statement of conformance to said as-built plan and the specifications.
3818.2 Notification of Completion. The permittee shall notify the Public Works Director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted.

Ordinance No. 1163

Figure A-38-1 Drainage and Setback Dimensions

15.08.230 Appendix I, Section 1101.1 amended—Patio enclosures.

Section 1101.1 of Appendix I is deleted in its entirety and a new section is added to read as follows:
1101.1 General. Patio covers shall be permitted to be detached from or attached to dwelling units. Patio covers shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. Openings shall be permitted to be enclosed with insect screening, readily removable approved translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness or readily removable glass conforming to the provisions of Chapter 24. Dual glazed windows are not permitted to be installed in patio cover enclosures constructed under the provisions of this appendix.

SECTION 5. Chapter 15.10 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.10 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.10 Residential Code

15.10.010 Adoption.

15.10.020 Chapter 1, Division II, Section R102.1 amended.

15.10.030 Chapter 1, Division II, Sections R105.2 and R105.3.2 amended.

15.10.040 Chapter 1, Division II, Section R108.5 amended.

15.10.050 Chapter 1, Division II, Section R108.6 amended.

15.10.060 Chapter 2, Section R202 amended.

15.10.070 RESERVED

15.10.080 Chapter 4, Section R403.1.3.6 amended.

15.10.090 Chapter 9, Sections R902.1 and R908.3.1 amended.

15.10.100 RESERVED

15.10.110 RESERVED
Ordinance No. 1163

15.10.010 Adoption.

The 2022 California Residential Standards Code, Part 2.5, including Appendix H, Appendix K, and Appendix AX, known as the California Residential Code, as published and adopted by the California Building Standards Commission, including amendments, is hereby adopted by reference and incorporated herein as if fully set forth.

15.10.020 Chapter 1, Division II, Section R102.1 amended.

Section R102.1 is amended to read:

R102.1 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 sections of the code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where in any specific case the California Residential Code does not have a provision that is included in the California Building Code that would be applicable due to the type or method or construction, the California Building Code provisions will apply.

15.10.030 Chapter 1, Division II, Sections R105.2 and R105.3.2 amended.

Section R105.2, Item No. 7, is amended to read:

7. Swimming pools that are less than 18 inches deep.

Section R105.3.2 is amended to read:

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not to exceed 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

15.10.040 Chapter 1, Division II, Section R108.5 amended.

Section R108.5 is amended to read:

R108.5 Refunds. Refunds for permit when no work has commenced shall be limited to the permit cost minus a fee equal to all services provided including refund processing.

15.10.050 Chapter 1, Division II, Section R108.6 amended.

Section R108.6 is amended to read:

R108.6 Work commencing before permit issuance. Any person who commences work that requires a permit on a building, electrical, mechanical, or plumbing system Ordinance No. 1163

before obtaining the necessary permits shall be subject to the cost of the required permit plus an investigation fee or a fee equal to the expenditures for the complaint investigation, whichever is greater at the discretion of the building official.

15.10.060 Chapter 2, Section R202 amended.

Section R202 is amended to add this definition:

R202 Reconstruction. If the value of reconstruction (or renovation) of a building is equal to or exceeds 50 percent of the value of the building immediately prior to such reconstruction, the entire building shall comply with the code provisions for new construction. The value of reconstruction (or renovation) for a property shall include the value of all construction stemming from construction related permits issued within the last two years. The Value shall be determined by using the city adopted building valuation table.

15.10.070 RESERVED

15.10.080 Chapter 4, Section R403.1.3.6 amended.

Section R403.1.3.6 is amended to read:

R403.1.3.6 Isolated concrete footings. In detached one- and two- family dwellings that are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are not permitted.

15.10.090 Chapter 9, Sections R902.1 and R908.3.1 amended.

Section R902.1 is amended to read:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry, and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

Wood roof coverings are prohibited with the following exception:

Re-roofing of less than 10% or the total roof area of existing wood roof covering in four years may be done with fire-retardant shakes or shingles.

Ordinance No. 1163

Section R908.3.1 of the California Residential Code is amended by deletion of Exception 3.

15.10.100 RESERVED

15.10.110 RESERVED
SECTION 6. Chapter 15.20 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety.

SECTION 7. Chapter 15.24 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.24 Mechanical Code

15.24.010 Document adopted by reference.

15.24.020 Chapter 1—General code provisions.

15.24.010 Document adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Mechanical Code based on the 2021 Edition of the Uniform Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, as Chapter 15.24 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for the installation, alteration, design, construction, quality of materials, location, operation, and maintenance of heating, ventilating, comfort cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.24.020 Chapter 1—General code provisions.

Chapter 1 of the 2019 California Mechanical Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

SECTION 8. Chapter 15.28 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.28 Electrical Code
Ordinance No. 1163

15.28.010 Document adopted by reference.

15.28.020 Article 89—General code provisions.

15.28.030 Article 310.2(B) amended.

15.28.040 Article 310 amended.

15.28.010 Document adopted by reference.

The California Electrical Code, 2022 Edition, is hereby adopted as Chapter 15.28 of Title 15 of this code, with amendments and additions as set forth in this chapter.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Electrical Code based on the 2020 Edition of the National Electrical Code, as published by the National Fire Protection Association, as Chapter 15.28 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of the code is to prescribe regulations for the installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.28.020 Article 89—General code provisions.

Article 89 of the 2019 California Electrical Code is hereby deleted and replaced by the following:

Article 89 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

15.28.030 Article 310.10 amended.

Article 310.10 is hereby amended, by the addition of a second paragraph, to read as follows:

Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured. (Ord. 1065 § 4, 2010; Ord. 1039, 2008)

15.28.040 Article 310 amended.

Article 310 is amended, by addition of a new Article 310.22, to read as follows:
310.22 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an Ordinance No. 1163

independent testing agency approved by the Building Official for proper torqueing of connections at their termination point. (Ord. 1039, 2008) SECTION 9. Chapter 15.32 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.32 Plumbing Code

15.32.010 Document adopted by reference.

15.32.020 Chapter 1—General code provisions.

15.32.010 Document adopted by reference.

A. The city council of the city of Pico Rivera hereby adopts the 2022 Edition of the California Plumbing Code based on the 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, as Chapter 15.32 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for the erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the city.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.32.020 Chapter 1—General code provisions.

Chapter 1 of the 2022 California Plumbing Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

SECTION 10. Chapter 15.34 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.34 Green Building Standards Code

15.34.010 Adoption.

15.34.010 Adoption.

The 2022 California Building Standards Code, Part 11, California Green Building Standards Code, as published and adopted by the California Building Standards Ordinance No. 1163

Commission, is adopted by reference and incorporated as if fully set forth in this chapter.

SECTION 11. Chapter 15.35 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.35 Energy Code

15.35.010 Adoption.

15.35.010 Adoption.

The 2022 California Building Standards Code, Part 6, California Energy Code, as published and adopted by the California Building Standards Commission, is adopted by reference and incorporated herein as if fully set forth in this chapter.

SECTION 12. Chapter 15.36 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety.

SECTION 13. Chapter 15.37 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.37 Historical Building Code

15.37.010 Adoption.

15.37.010 Adoption.

The 2022 California Building Standards Code, Part 8, California Historical Building Code, as published and adopted by the California Building Standards Commission, is adopted by reference, and incorporated herein as if fully set forth in this chapter.

SECTION 14. Chapter 15.38 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.38 Existing Building Code

15.38.010 Document adopted by reference.

15.38.020 Chapter 1—General code provisions.

15.38.010 Document adopted by reference.

A. The City Council of the City of Pico Rivera hereby adopts the 2022 Edition of the California Existing Building Code based on the 2021 Edition of the International Existing Building Code, as published by the International Code Council, as Chapter 15.38 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

Ordinance No. 1163

B. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; 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.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.38.020 Chapter 1—General code provisions.

Chapter 1 of the 2022 Edition of the California Existing Building Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

15.38.030 Section 301.6 Added – Repair, alteration, addition or change of occupancy exceeding 50% of replacement valuation.

Section 301.6 is added to Chapter 1 of the 2019 Edition of the California Existing Building Code to read as follows:
301.6 Repair, alteration, addition or change of occupancy exceeding 50% of replacement valuation. If the valuation of repair, alteration, addition or change of occupancy to an existing building exceeds 50% of the replacement valuation for the entire existing building, the entire building shall comply with the code provisions for new construction. The valuation shall be determined by using the city adopted building valuation table, or as otherwise determined by the building official.

SECTION 15. Chapter 15.42 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.42 Referenced Standards Code

15.42.010 Adoption.

15.42.010 Adoption.

The 2022 California Building Standards Code, Part 12, California Referenced Standards Code, as published and adopted by the California Building Standards Commission, is adopted by reference, and incorporated as if fully set forth in this chapter.

Ordinance No. 1163

SECTION 16. Chapter 15.44 of Title 15 of the Pico Rivera Municipal Code is hereby repealed in its entirety, and a new Chapter 15.44 of Title 15 is hereby added in place thereof to read as follows:

Chapter 15.44 Fire Code

15.44.010 Document adopted by reference.

15.44.010 Document adopted by reference.

A. Los Angeles County Fire Code (Title 32 of the Los Angeles County Code), amending the 2022 California Fire Code and comprised of the 2021 International Fire Code as published by the International Code Council is hereby adopted by reference as the Fire Code of the City of Pico Rivera.

B. The same shall hereafter constitute the Fire Code of the city regulating the safeguarding of life, property and public welfare to a reasonable degree from the hazards of fire and explosion arising from the storage, use and handling of dangerous and hazardous materials, substances and devices; the operation, installation, construction, location, safeguarding and maintenance of attendant equipment within the jurisdiction of the Los Angeles County Fire Department, and providing for the issuance of permits and the collection of fees therefor, and providing penalties for the violation of such code.

C. At least two copies of the Los Angeles County Fire Code shall be kept on file in the office of the building official and shall be maintained by the building official for use and examination by the public.

D. In the event of any conflict or ambiguity between any provision contained in the Fire Code and any amendments or additions thereto contained in this chapter, the amendments or additions thereto shall control.

E. In the event of any conflict or ambiguity between any provision contained in the Fire Code and any other provisions of the Pico Rivera Municipal Code, the provisions of the Pico Rivera Municipal Code shall control.

SECTION 17. Chapter 15.60 of Title 15 of the Pico Rivera Municipal Code is hereby modified as delineated:

Chapter 15.60 Property Maintenance Code

15.60.010 Document adopted by reference.

15.60.020 Chapter 1—General code provisions.

15.60.010 Document adopted by reference.

Ordinance No. 1163

A. The City Council of the City of Pico Rivera hereby adopts the 2021 Edition of the International Property Maintenance Code, as published by the International Code Council, as Chapter 15 of Title 15 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said code is adopted and incorporated as if fully set forth herein.

B. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein.

State law references: Adoption by reference, Government Code Section 50022.1 et seq.

15.60.020 Chapter 1—General code provisions.

Chapter 1 of the 2021 Edition of the International Property Maintenance Code is hereby deleted and replaced by the following:
101 Administrative Provisions. For administrative provisions for this code, see Section 15.08.020.

SECTION 18. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) which states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in this ordinance do not approve any physical development project and would not result in a direct or indirect physical change in the environment. The changes to Title 15 are necessary to maintain consistency with state law and ensure a safe built environment.

SECTION 19. The City Council hereby declares that it would have passed this ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this ordinance are severable, and if, for any reason, any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance.

SECTION 20. No person shall violate any provision or fail to comply with any of the requirements of this ordinance, and any person violating any provision, or failing to comply with any provision of this ordinance is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punished by a fine of not more than $1,000.00, or by imprisonment in the City or County Jail for a period not exceeding one year, or by both such fine and imprisonment.

Ordinance No. 1163

SECTION 21. The City Clerk shall certify to the adoption of this ordinance. The City Council hereby finds that there are no newspapers of general circulation published and circulated within the City. The City Clerk shall therefore cause this ordinance to be posted in five public places within the City as specified in the Pico Rivera Municipal Code within fifteen (15) days of its final passage and this ordinance shall take effect thirty (30) days following its final passage.

SECTION 22. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted as prescribed by law. This ordinance shall take effect January 1, 2023.

APPROVED AND ADOPTED this ____ day of _________, 2022.
____________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman,
City Attorney

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing ordinance, Ordinance No. 1163 was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, ______, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Anna M. Jerome, City Clerk

ENCLOSURE 2
2b

NOVEMEBER 4, 2022 To advertise call 562-407-3873 Online at loscerritosnews.net 15

CITY OF PICO RIVERA CITY COUNCIL

NOTICE OF CITY PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council for the purpose of considering amending the 2022 Edition of the California Codes including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standard Code, California Energy Code, California Administrative Code, California Historical Building Code, California Referenced Standard Code and the Los Angeles County Fire Code by reference and making findings for amendments thereto relative to local climate, topographical, and geological conditions pursuant to Health and Safety Code Sections 17985.

The City Council will also consider an ordinance, the title being “An ordinance of the City Council of the City of Pico Rivera, California, amending specified chapters of title 15 of the Pico Rivera municipal code adopting by reference parts 1 through 6, and 8 through 12 of title 24 of the California Code of Regulations”.

WHEN: Tuesday, November 8, 2022
TIME: 6:00 P.M.

WHERE: City Hall Council Chambers
6615 Passons Boulevard
Pico Rivera, CA 90660
California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” In accordance with the provisions of CEQA, this activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not considered a project because it has no potential for resulting in a physical change to the environment.

Certain Provisions of the Brown Act are temporarily waived pursuant to Governor Newsom’s Executive Order N-25-20, N-29-20 and AB 361. PERSONS INTERESTED IN THIS MATTER wishing to observe the meeting may do so in the following ways:
(1) Turn your TV to Channel 3;
(2) City’s website at https://bit.ly/picorivera-ctv3live (3) Email public comments to [email protected] prior to 4:00 p.m. on the day of the meeting;
(4) Attend the Public Hearing in person
Copies of all relevant material including project specifications are available to the public for review in the Community & Economic Development Department at City Hall, 6615 Passons Boulevard, Pico Rivera, California. Please contact Jonathan Flores, Interim Building Official at 562-801-4360 for additional questions.

If you challenge the consideration or adoption of the proposed applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.
********************************************************************************* In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna M.

Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged.

Published at Los Cerritos Community News 10/28/22 & 11/4/22 ENCLOSURE 3
2c
Tuesday, October 25, 2022
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Mayor Dr. Sanchez called the regular meeting to order at 6:06 p.m. on behalf of the City Council.

PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
INVOCATION: Delivered by Councilmember Camacho
PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem Lutz
SPECIAL PRESENTATION(S): None
PUBLIC HEARING(S):

City Council:

1. Public Hearing – Conditional Use Permit No. 747; Zone Reclassification No. 326; General Plan Amendment No. 58; Tentative Parcel Map No. 83251 to Construct a Warehouse and Print Shop on a 19.06 Acre Site Located at the Southwest Quadrant of Beverly Boulevard and the 605 Freeway. (1300) Mayor Dr. Sanchez opened the public hearing.

Mayor Dr. Sanchez noted there was one written communication from Mr. Jose Sanchez in favor of the project and shared his concerns.

Oral Communication(s):

The following public speakers addressed City Council in support of the project. • Jayson Baiz
• Ralph Velador
• Ernesto Pantoja
• Kevin Le
• Angel Garcia
• Edgar Estrada
• Jacky Villanueva speaking on behalf of Alex Navarro
3 10-25-22.CityCouncilMinutes

The following public speakers addressed City Council in favor of the project but expressed specific concerns.
• Jose Sanchez
• Lizet Villalobos
• Rosela Carreon
• Isaac Lara
Planning Division Senior Planner Hernandez provided a PowerPoint presentation including the project’s location and description, a brief history of the property, traffic impact study, construction route, community outreach, public comments from the community, Beverly Boulevard Landscaping, Community Benefits and presented project renderings.

Brian Sorensen with InSite Property group gave further details on the project, specifically traffic flow with vehicles traveling through Eduardo Street during the time of construction timeframe.

City Council discussed the bridge aesthetics, road and traffic concerns with the additional semi-truck traffic, City signage on the north and south bound lanes of the 605 freeway, no left turn for semi-trucks onto Beverly Boulevard heading West, negative impacts to surrounding community, and weight of current access bridge.

In regard to the no left turn for semi-trucks, Mr. Sorensen stated that they will look into enforcement options such as ticket cameras.

Mayor Dr. Sanchez closed the public hearing.

Motion by Mayor Pro Tem Lutz, seconded by Councilmember Elias to: 1) Approve Resolution No. 7229 ratifying Conditional Use Permit No. 747 to develop a warehouse and print shop on a 19.06-acre site; 2) Approve Resolution No. 7230 ratifying General Plan Amendment No. 58 to change the land use designation from Public Faculties to Industrial for three parcels 8130-024-006; 8130-024-007; and 8130-024-825; 3) Approve Resolution No. 7231 and introduce Ordinance No. 1162 approving Zone Reclassification No. 326 to change the zoning from Public Facility to Industrial Planned Development for three (3) parcels 8130-024-006; 8130-024-007; and 8130-024-825; 4) Approve Resolution No. 7232 ratifying Tentative Parcel Map No. 83251 to merge seven (7) parcels into one (1); and 5) Approve Mitigated Negative Declaration and Mitigation Monitoring Program. Motion carries by the following roll call vote:

Resolution No. 7229 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. 747 AND ADOPTION OF MITIGATED NEGATIVE

DECLARATION & MITIGATION MONITORING AND REPORTING

PROGRAM TO CONSTRUCT A WAREHOUSE BUILDING AND PRINT
SHOP FACILITY ON A 19.06 ACRE SITE LOCATED ON THE
SOUTHWEST QUADRANT OF BEVERLY BOULEVARD AND THE 605
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FREEWAY IN THE INDUSTRIAL PLANNED DEVELOPMENT (IPD)

ZONED DISTRICT
Resolution No. 7230 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING A GENERAL PLAN

AMENDMENT TO CHANGE THE GENERAL PLAN DESIGNATION

FROM PUBLIC FACILITIES (P-F) TO INDUSTRIAL (I) FOR THE
PROPERTIES WITH APN 8130-024-006; 8130-024-007 AND 8130-024- 825, MORE SPECIFICALLY DESCRIBED IN ATTACHMENT “A” AND

FURTHER DESIGNATED HEREIN AS GENERAL PLAN AMENDMENT
NO. 58
Resolution No. 7231 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE CHANGE OF

ZONE CLASSIFICATION FROM PUBLIC FACILITY (P-F) TO

INDUSTRIAL PLANNED DEVELOPMENT (IPD) FOR THE PROPERTIES WITH ASSESSOR PARCEL NUMBERS 8130-024-006; 8130-024-007; & 8130-024-825 FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 326
Ordinance No. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING A ZONE

RECLASSIFICATION TO CHANGE THE ZONE DESIGNATION FROM

PUBLIC FACILITY (P-F) TO INDUSTRIAL PLANNED DEVELOPMENT (IPD) FOR THE PROPERTIES WITH ASSESSOR PARCEL NUMBERS
8130-024-006; 8130-024-007 & 8130-024-825 AS SHOWN ON
ATTACHMENT “A” AND FURTHER DESIGNATED HEREIN AS ZONE
RECLASSIFICATION NO. 326 (FIRST READING AND INTRODUCTION) Resolution No. 7232 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 83251 TO CONSOLIDATE SEVEN (7) PROPERTIES INTO ONE (1) PARCEL LOCATED ON THE SOUTHWEST QUADRANT
OF BEVERLY BOULEVARD AND INTERSTATE 605 (FREEWAY) IN

THE INDUSTRIAL PLANNED DEVELOPMENT (IPD) ZONE
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
PUBLIC COMMENTS:

Edgar Estrada:
• Addressed the City Council regarding concerns with the walkways at Rivera Park.
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Jose Sanchez:
• Addressed the City Council with concerns regarding Item No. 11, Professional Services Agreement with RSG, Inc. to Provide Mobilehome Rent Implementation and Administration Services.

Mario Rosas:
• Addressed the City Council regarding a tree on Layman Avenue and candidate Raul Elias’ vision on lowering City taxes.

Johanna Rosas:
• Addressed the City Council to provide an update on her daughter’s health and her concerns she had with Beverly Hospital.

Diego Rubalcava-Alvarez:
• Addressed the City Council regarding Item No. 11, Professional Services Agreement with RSG, Inc. to Provide Mobilehome Rent Implementation and Administration Services and the cost savings.

Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding library updates and upcoming events.

The following Mobilehome residents thanked the City Council for their support on the rent control ordinance recently adopted by City Council. • Amelia Rojo
• Reyna Mendivil
• Maria Camacho
• Maria Aguilar
CONSENT CALENDAR ITEMS:

City Council:

2. Minutes:
• Approved City Council regular meeting of October 11, 2022 • Received and filed Parks and Recreation Commission meeting of June 9, 2022

3. Approved 7th Warrant Register of the 2022-2023 Fiscal Year. (700) Check Numbers: 290399-290434; 290435-290480
Special Check Numbers: None

4. Approval of a Resolution Ratifying the Pico Rivera Innovative Municipal Energy 2022 Integrated Resource Plan. (1100)

1. Approved Resolution No. 7233 ratifying the Pico Rivera Innovative Municipal Energy 2022 Integrated Resource Plan.
10-25-22.CityCouncilMinutes

Resolution No. 7233 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING PICO RIVERA
INNOVATIVE MUNICIPAL ENERGY’S 2022 INTEGRATED RESOURCE
PLAN

5. Assembly Bill 361 Findings. (300)

1. Received and filed this report and made the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing; and

2. Took such additional, related, action that may be desirable.

6. First Quarter Treasurer’s Report and the Monthly Investment Transaction Report as of September 30, 2022 – Fiscal Year 2022-2023. (700)

1. Received and filed the Treasurer’s Report for the quarter ending September 30, 2022, which represents balances and activities for the first quarter (July through September) of the 2022-23 fiscal year; and

2. Received and filed the Treasurer’s Monthly Investment Transaction Report as of September 30, 2022.

7. Memorandum of Understanding with the Pico Rivera Chamber of Commerce. (500)
Item was pulled from the Consent Calendar for further consideration and clarification.

8. Approve Amendment No. 1 to Willdan Engineering Professional Services Agreement No. 19-1891 and to Elie Farah Inc. Professional Services Agreement No. 19-1892. (500)

1. Approved Amendment No. 1 to Willdan Engineering Professional Services Agreement No. 19-1891 in an amount not-to-exceed $120,000 and extend the term to June 20, 2024, for traffic engineering services related to the Public Works Department;

2. Approved Amendment No. 1 to Elie Farah Inc. Professional Services Agreement No. 19-1892 in an amount not-to-exceed $120,000 and extend the term to June 20, 2024, for traffic engineering services related to the Public Works Department; and

3. Authorized the City Manager to execute the Professional Services Agreement Amendments in a form approved by the City Attorney.

Agreement No. 19-1891-1 Agreement No. 19-1892-1
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9. Approval of a Low-Income Youth Sports Subsidy Program (Pico Rivera PlayPASS). (500)

1. Approved the creation of the Pico Rivera PlayPASS Program, a lowIncome Youth Sports Subsidy Program;

2. Approved an appropriation of $10,000 from fiscal year (FY) 2020-21 General Fund operating surplus to Account No. 100.80.8103.54100 (Special Departmental Expenses) in FY 2022-23 to fund the Pico Rivera PlayPASS Program; and

3. Authorized the Director of Parks and Recreation to develop and implement program guidelines.

10. Amendment No. 2 to Maintenance Services Agreement No. 19-1915 with General Building Management Company for Janitorial Services. (500)

1. Approved Amendment No. 2 to Maintenance Services Agreement No. 19- 1915 with General Building Management Co., to increase the contract amount in an amount not-to-exceed $148,010 to exercise the first of two, one (1) year optional renewals for janitorial services for the period of October 23, 2022, through October 22, 2023;

2. Amended the fiscal year (FY) 2022-23 budget by increasing Expense Account No. 100.40.4031-54500 (Facilities Maintenance, Contracted Services) in the amount of $54,080 and Revenue Account No. 100.00.0000-47610 (Cost Reimbursements) in the amount of $54,080 for the additional services for Los Angeles County Library; and

3. Authorized the City Manager to execute Amendment No. 2 to Maintenance Services Agreement No. 19-1915 in a form approved by the City Attorney.

Agreement No. 19-1915-2

11. Professional Services Agreement with RSG, Inc. to Provide Mobilehome Rent Implementation and Administration Services. (500)

1. Authorized the City Manager to enter into a Professional Services Agreement with RSG, Inc. for a three-year period for an amount not-toexceed $300,000; and

2. Approved an appropriation of $300,00 from the fiscal year (FY) 2020-21 General Fund operating surplus to Account No. 100.30.3010-54500 (Administration-Contracted Services) in FY 2022-23.

Agreement No. 22-2137
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Motion by Mayor Pro Tem Lutz, seconded by Councilmember Lara to approve Consent Calendar Item Nos. 2, 3, 4, 5, 6, 8, 9, 10, and 11. Motion carries by the following roll call vote:

AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION:

7. Memorandum of Understanding with the Pico Rivera Chamber of Commerce. (500)

Councilmember Elias inquired about co-mingling of City funds on behalf of the Pico Rivera Chamber of Commerce. City Manager Carmona stated that the MOU includes language allowing the City to audit the Chamber of Commerce financial books.

Motion by Councilmember Camacho, seconded by Mayor Dr. Sanchez to authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Pico Rivera Chamber of Commerce for fiscal year (FY) 2022-23. Motion carries by the following roll call vote:

AYES: Camacho, Elias, Lara, Lutz; Sanchez
NOES: None
REGULAR AGENDA:

City Council:

12. First Reading – Introduce an Ordinance for Illegal Solid Waste Collection and Hauling.

This item was pulled from the agenda and continued to the next City Council meeting.

13. First Reading – Introduce an Ordinance for the 2022 California Building Codes, Amending Title 15, Building and Construction, of the Pico Rivera Municipal Code. (1300)
Motion by Councilmember Camacho, seconded by Mayor Pro Tem Lutz to: 1) Introduce and waive first reading of Ordinance No. 1163 adopting by reference the 2022 California Building Codes and the 2021 International Property Maintenance Code, Amending Title 15, Building and Construction, of the Pico Rivera Municipal Code; 2) Approve Resolution No. 7234 setting forth findings for the required amendments to the 2022 California Building Standards Codes relative to local climatic, topographic, and geologic conditions; and 3) Set a public hearing date for November 8, 2022. Motion carries by the following roll call vote:
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Ordinance No. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, AMENDING SPECIFIED
CHAPTERS OF TITLE 15 OF THE PICO RIVERA MUNICIPAL CODE
ADOPTING BY REFERENCE PARTS 1 THROUGH 6, AND 8 THROUGH
12 OF TITLE 24 OF CALIFORNIA CODE OF REGULATIONS (FIRST

READING AND INTRODUCTION)
Resolution No. 7234 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PICO RIVERA, CALIFORNIA, SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2022 CALIFORNIA BUILDING

STANDARDS CODES RELATIVE TO LOCAL CLIMATIC,

TOPOGRAPHIC AND GEOLOGIC CONDITIONS
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CITY MANAGER/STAFF REPORTS:

City Manager Carmona introduced newly hired Community and Economic Development Department Director, Alvaro “Alvie” Betancourt and newly promoted Administrative Services Director, Jane Guo; and commented on the October Monthly City Manager Report.

Parks and Recreation Director Yugar provided an updated on the Veterans Resource Center noting that the center will begin taking appointments with the Veterans Resource Officer as of November 7, 2022 and mentioned the Veterans Day Ceremony scheduled for Friday, November 11, 2022.

GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):

Councilmember Elias requested an update on the Veterans Commission and clarification on the Golf Course Profit and Loss report with City Manager Carmona stating that an update will be brought before the City Council in the future. In regard to the Veterans Commission, Mayor Dr. Sanchez stated that applications are currently being accepted and that appointments to the commission would take place in January 2023.

Councilmember Camacho asked City Manager Carmona to clarify what the effects to the City would be if the one percent sales tax were to be eliminated.

Mayor Dr. Sanchez reported on her attendance to the Armenian Mesrobian School’s New Gymnasium and Performing Arts Center Groundbreaking event and mentioned the Morning Mingle with Our Mayor event on Saturday, October 29, 2022 at Tierra Mia Coffee.

CLOSED SESSION(S): None
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