1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.
2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.
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Packet Pg. 354 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 66 B. Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E.
C. Findings for Approval of Conditional Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner:
1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;
2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;
3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and
4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.
D. Alcohol Exemption Zoning Conformance Permit.
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Packet Pg. 355 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 67 1. Citywide Excluding Third Street Promenade Area and Santa Monica Pier.
Except as provided in subsections 2 and 3, below, limited Limited and full-service restaurants that offer alcoholic beverages incidental to meal service shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license;
f. No video or other amusement games shall be permitted on the premises;
g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
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Packet Pg. 356 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 68 h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu;
l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted.
There shall not be any age limitation imposed restricting access to any portion of the restaurant;
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Packet Pg. 357 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 69 m. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments;
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Packet Pg. 358 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 70 q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
r. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;
s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;
t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and u. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
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Packet Pg. 359 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 71 a. The primary use of the premises shall be for sit-down meal service to patrons;
b. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
c. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
d. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; e. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
f. Take out service shall be only incidental to the primary sit-down use; g. No alcoholic beverage shall be sold for consumption beyond the premises;
h. Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups; i. No more than 3 television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally; j. No video or other amusement games shall be permitted on the premises;
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Packet Pg. 360 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 72 k. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
l. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; m. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; n. The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 11:00 p.m. Sunday through Thursday, and 9:00 a.m. to 12:00 a.m. Friday and Saturday with complete closure and all employees vacated from the building by 12:00 a.m. Sunday through Thursday, and 1:00 a.m. Friday and Saturday. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. No after-hours operation is permitted;
o. No more than 35 percent of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources, which shall be submitted annually to the Planning Division at the beginning of the calendar year and also available to the City and the California Department of State Alcoholic Beverage Control (ABC) upon request;
p. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. Liquor bottle service shall be prohibited. Wine and beer bottle service shall
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Packet Pg. 361 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 73 not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu; q. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted.
There shall not be any age limitation imposed restricting access to any portion of the restaurant;
r. The establishment shall not organize or participate in organized “pub-crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; s. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; t. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
u. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC
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Packet Pg. 362 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 74 no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments; v. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
w. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;
x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;
y. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and z. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in
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Packet Pg. 363 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 75 these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
2. Third Street Promenade Area. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area, limited and full-service restaurants, food halls, bars/nightclubs/lounges, and small and medium scale general retail sales shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 am until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other
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Packet Pg. 364 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 76 actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an
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Packet Pg. 365 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 77 ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
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Packet Pg. 366 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 78 o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 am until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
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Packet Pg. 367 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 79 c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
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Packet Pg. 368 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 80 i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
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Packet Pg. 369 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 81 l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
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Packet Pg. 370 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 82 42. With respect to the Director’s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats, within 2 business days from the date when the determination has been made concerning the application and posted on the City’s website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application. The applicant or any property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application may appeal the decision to the Planning Commission following the procedures set forth in Section 9.37.130(B-D) and subject to the findings of Section 9.31.040(C).
E. Zoning Conformance Review.
1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:
a. Except as provided in paragraph b, below, an An existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The
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Packet Pg. 371 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 83 operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over 1 year.
i. The 1-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the 1-year period has commenced under Subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days.
Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires
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Packet Pg. 372 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 84 before the use resumes, the 1-year period under Subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been
discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises.
v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5 percent increase in the floor area of the premises, a 10 percent increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (1) Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
(2) Cover charge shall mean requiring payment of customers before they may enter the establishment.
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Packet Pg. 373 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 85 b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Third Street Promenade Area and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5 percent increase in the floor area of the premises; a 10 percent increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5 percent increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP.
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Packet Pg. 374 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 86 Section 15. Santa Monica Municipal Code Section 9.51.030 is hereby amended to read as follows:
9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.
2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing nonmedical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums,
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Packet Pg. 375 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 87 union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.
6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.
Community gardens may be divided into separate plots for cultivation by 1 or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property.
Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
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Packet Pg. 376 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 88 8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.
This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food
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10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.
11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at
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Packet Pg. 378 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 90 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.
This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG)
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Packet Pg. 379 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 91 as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section
9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of
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Packet Pg. 380 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 92 arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and
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Packet Pg. 381 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 93 towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.
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Packet Pg. 382 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 94 4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film
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Packet Pg. 383 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 95 processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)
7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.
Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club
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Packet Pg. 384 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 96 facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, health clubs, yoga studios, dance halls, small tennis club facilities, poolrooms, and amusement arcades. f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.
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Packet Pg. 385 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 97 8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.
Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.
This classification includes cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
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Packet Pg. 386 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 98 D. Food Hall. Establishments consisting of three or more individuallylicensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
Ed. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.
Fe. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.
9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.
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Packet Pg. 387 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 99 10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3,
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Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.
13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.
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14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.
15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less.
a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise
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occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.
16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.
18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.
19. Offices. Offices of firms, organizations (for-profit and non-profit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic).
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a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).
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20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section
9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of 5 or less persons.
This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons.
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c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment,
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sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar smallitem repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and
9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. e. Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where 1 or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
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i. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A medical marijuana dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana onsite for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by
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primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.
23. Restaurants. See Eating and Drinking Establishments.
24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
C. Industrial Use Classifications.
1. Artist’s Studio. Work space for an artist or artisan, including individuals practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and
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instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.
2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).
3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.
4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
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5. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.
6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.
This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building.
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b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.
7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details. a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.
9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
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10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant. a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or
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internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).
D. Transportation, Communication, and Utilities Use Classifications.
1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.
3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.
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4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms. a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support 1 or more reception or transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. See Division 3, Chapter 9.41, Telecommunications Facilities, for further details.
b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.
5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).
6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on-site (see Business Services).
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7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill.
Section 16. Santa Monica Municipal Code Section 9.52.010 is hereby amended to read as follows:
9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
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Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
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Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing
Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
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City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
County
Conditionally Permitted
Construction
Corner Build-To Area
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development
Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
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Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area
Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
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Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
Household
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
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Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
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Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
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Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
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Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
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Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
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Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Third Street Promenade Area
Trailer
Trash Screen/Enclosure
Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
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Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
Section 17. Santa Monica Municipal Code Section 9.52.020 is herby amended to read as follows:
9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0010 30% Income Household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.
9.52.020.0020 50% Income Household. A household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.
9.52.020.0030 60% Income Household. A household whose gross income does not exceed 60% of the area median income, adjusted for household size, as published and periodically updated by HUD. 60% income households include 50% income households.
9.52.020.0040 80% Income Household. A household whose gross income does not exceed 80% of the area median income, adjusted for household size,
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as published and periodically updated by HUD. 80% income households include 60% income households.
9.52.020.0050 100% Affordable Housing Project. Housing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project’s total floor area.
9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one year or more, a nonconforming building, parcel, or use ceases. Resumption of a use after abandonment is a change of use. See Division 3, Section
9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.
9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.
9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.
9.52.020.0090 Accessory Building. See Building, Accessory.
9.52.020.0095 Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.0100 Accessory Food Service. Establishments where food is located on the same parcel as or within a primary permitted use and is clearly incidental to the primary permitted use that is not an eating and drinking establishment. Food service that is more extensive than these provisions
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will cause this use to be considered an eating and drinking establishment subject to all of the applicable regulations. See Division 3, Section 9.31.030, Accessory Food Service, for further details.
9.52.020.0110 Accessory Structure. See Structure, Accessory.
9.52.020.0120 Accessory Use. See Use, Accessory.
9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.
9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:
A. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit.
B. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.
C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.
D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object.
Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
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9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.
9.52.020.0165 Area Median Income (AMI). The median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable training, credentials, and/or reputation in the field; and works in one or more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including, but not limited to, painting, drawing, sculpture, book arts, and print making; B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.
9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure.
An attic shall not be considered a story. City-designated landmarks may adapt attics to be habitable so long as they are within the historic building envelope and result in no change to the roofline. Such an adoption will also not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials
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on a supporting framework which projects from and is supported by the exterior wall of a building.
9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than 2 sides. See also Deck.
9.52.020.0210 Base District. See Zoning District.
9.52.020.0220 Base Height. The maximum height to which a building or structure may be built by right pursuant to the Land Use and Circulation Element (LUCE) of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or bathtub.
9.52.020.0250 Bay Window. An angular or curved window that projects from the building surface.
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9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
9.52.020.0280 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.
9.52.020.0290 Building, Accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if located less than 6 feet from the principal building or if connected to it by fully enclosed space.
9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor, including, but not limited to, the California Building Code, the State Historic Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.
9.52.020.0320 Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.
9.52.020.0330 Building Envelope. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards.
9.52.020.0340 Building Footprint. See Footprint.
9.52.020.0350 Building Height. See Height.
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9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.
9.52.020.0370 Build-To Line. A line parallel to the parcel line where the façade of the building is required to be located.
9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate structures and uses from the general public and/or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The California State agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
9.52.020.0420 Car Sharing. A formal or informal membership organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.
9.52.020.0430 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all 4 sides are enclosed.
9.52.020.0440 Change of Use. A discontinuance of an existing use and the substitution therefor of a use such that the new use represents a different use group (as defined in Chapter 9.51, Use Classifications) or is otherwise
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differently regulated by the zoning ordinance compared to the prior use. A change of ownership alone does not constitute a change of use.
Resumption of a use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally and are located at the upper portion of a wall to allow additional light and air into a room. A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
9.52.020.0490 City-Designated Contributing Building or Structure. A building or structure designated by the City as contributing to the designation of an area as a historic district pursuant to Section 9.56.130.
9.52.020.0500 City-Designated Historic Resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.
9.52.020.0510 City-Designated Landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.
9.52.020.0520 City-Designated Structure of Merit. An improvement designated by the City as appropriate for official recognition pursuant to Section
9.56.090.
9.52.020.0530 County. The County of Los Angeles.
9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a Conditional Use Permit or Minor Use Permit.
9.52.020.0550 Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
9.52.020.0560 Corner Build-To Area. Area of a corner parcel where the façade of the building is required to be located.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.
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9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space under the first floor used to support a dwelling between the concrete foundation and the ground floor of a building. It elevates the dwelling above ground to allow access to the utility lines or to level a dwelling built on a slope.
9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the roadway to a legal parking area within the parcel.
9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings which allows the flow of light and air to adjacent residential buildings and properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a patio. See also Balcony.
9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner’s space from another or from the building hallway or other common area.
9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or structure or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of Section 9.25.030, Demolition Defined.
9.52.020.0640 Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
9.52.020.0650 Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for
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such development agreements pursuant to Chapter 9.60, Development Agreements.
9.52.020.0660 Director. The Director of Planning and Community Development of the City of Santa Monica or designee.
9.52.020.0670 Disability. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.
9.52.020.0680 Discretionary Permit. A Development Review Permit, Major Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any other appealable permit that requires findings to be made.
9.52.020.0690 District. See Zoning District.
9.52.020.0700 Domestic Violence Shelter. A residential facility that provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.
9.52.020.0710 Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for residential occupancy.
9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.
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9.52.020.0750 Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows access to a place.
9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to install habitable space, parking, utilities, or landscaping.
9.52.020.0820 Façade. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave and horizontally across the entire width of the building elevation.
9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.
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9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.
Fences may also be walls, hedges and screen planting.
9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor Area, for rules for calculating floor area.
9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on a parcel to the total area of the parcel. See Division 1, Section 9.04.090, Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves and subterranean and semi-subterranean levels.
9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public street. “Street frontage” shall be measured along the common parcel line separating said parcel or parcel of land from the public street, highway, or parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.
9.52.020.0920 Semi-Subterranean Garage. A structure located partly underground used for parking and storage of vehicles.
9.52.020.0930 Subterranean Garage. A structure entirely underground, except for openings for ingress and egress.
9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of over 5 items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
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9.52.020.0970 Government Code. The Government Code of the State of California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing Grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.
9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn, or other improved surface between the building and the parcel line.
9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).
9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement that is closest to finished grade.
9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other than a basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.
9.52.020.1070 Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.
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9.52.020.1090 Historic Resource. Any existing property or structure that is designated as a City Landmark, Structure of Merit, or a Contributor to a Designated Historic District, or is listed on either the California Register of Historical Resources or the National Register of Historic Places.
9.52.020.1100 Historic Resources Inventory (HRI). A database containing building descriptions and evaluations of properties that exhibit potential historic, architectural, or cultural significance in Santa Monica. Each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria. The HRI is used to identify properties of potential historic significance, and properties on the HRI are eligible to apply the State Historical Building Code.
9.52.020.1110 Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.31.160, Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household.
9.52.020.1130 Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare
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generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.
9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting streets.
9.52.020.1155 Junior Accessory Dwelling Unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter
9.26, Landscaping.
9.52.020.1180 Automatic Controller. An automatic timing device used to remotely control valves that operate an irrigation system.
9.52.020.1190 Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.
9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution of water through a pressurized system within the landscape
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area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
See Section 9.26.060.
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal
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plane passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for human habitation.
9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.
9.52.020.1340 Loft. See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.
See Story.
9.52.020.1390 Mixed-Use Development. The development of a parcel or building with 2 or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.
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9.52.020.1400 Mobile Home Park. Any area or tract of land where 2 or more lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.
9.52.020.1410 Natural Disaster. See Act of Nature.
9.52.020.1420 Nonconforming Building. See Nonconforming Structure.
9.52.020.1430 Nonconforming Structure. A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Article including, but not limited to, density, floor area, height, setback, usable open space, and other development standards. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1450 Open Space.
9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.
9.52.020.1470 Open Space, Private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
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9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.
9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.
9.52.020.1510 Overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.]
9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.
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9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.
9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or which fronts upon 2 streets which do not intersect at the boundaries of the parcel.
9.52.020.1590 Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.
9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.
9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the street right-of-way.
9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.
9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly shaped parcel, a line 10 feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.
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9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel line.
9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines.
For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.
9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the parcel.
9.52.020.1690 Long-Term Parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.
9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.
9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.
9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.
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9.52.020.1740 Accessible Parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.
9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under its own power. They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no more than one car needs to be moved under its own power to access any one space.
9.52.020.1770 Shared Parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities. Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.
9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other spaceefficient means.
9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.
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9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.
9.52.020.1820 Parking Structure. A structure used for parking and storage of vehicles.
9.52.020.1830 Semi-Subterranean. A parking structure located partially underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.
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9.52.020.1900 Person with a Disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having that type of impairment; or anyone who has a record of that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A continuous raised platform supporting a building or a large block of 2 or 3 stories beneath a multi-story block of smaller area.
9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.
9.52.020.1960 Primary Use. See Use, Primary.
9.52.020.1970 Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
9.52.020.1990 Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.
9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or
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contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.
9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.
9.52.020.2040 Residential Use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.
9.52.020.2050 Review Authority. Body responsible for making decisions on zoning and related applications.
9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical shape.
9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.
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9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed Roof. A roof with a single slope.
9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open. See also Section 9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section 9.21.110, Projections into Required Setbacks.
9.52.020.2190 Setback, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.
9.52.020.2200 Setback, Rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.
9.52.020.2210 Setback, Side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel
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line(s) measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For nonrectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk Café. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.
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9.52.020.2300 Solar Energy System. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems. This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features.
Applicants may elect to use the State Historic Building Code as an alternative to standard construction codes such as the City’s Building Code or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An attic and basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. “Street” includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.
9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.
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9.52.020.2360 Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.
9.52.020.2380 Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, Main. A structure housing the principal use of a site or functioning as the principal use.
9.52.020.2400 Structure, Subterranean. A structure located entirely underground, except for openings for ingress and egress.
9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.
9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary Structure. See Structure, Temporary.
9.52.020.2445 Third Street Promenade Area. The area including the Third Street Promenade and parcels located in that portion of the BC (2nd & 4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.
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9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.
9.52.020.2500 Use, Primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more than one primary use.
9.52.020.2510 Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.
9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.
See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use Type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.
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9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.
9.52.020.2590 Primary Room Window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Department of Planning and Community Development, or designee.
9.52.020.2630 Zoning District. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
SECTION 18. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
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SECTION 19. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 20. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
10.D.a
Packet Pg. 447 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 1 Vernice Hankins
From: Jon Lange <[email protected]>
Sent: Friday, October 7, 2022 1:27 PM
To: Gleam Davis; Sue Himmelrich; Kristin McCowan; Phil Brock; Oscar de la Torre; Lana Negrete; Christine Parra; councilmtgitems
Cc: David Martin; Steve Mizokami; David White
Subject: For your consideration
EXTERNAL
RE: Agenda Item 10.D, Zoning Code Changes Supporting Economic Recovery
Dear Councilmembers,
As both a Santa Monica resident and professional with Boston Properties (BXP), I am writing in support of the above‐ referenced zoning modifications, to promote economic recovery efforts, becoming permanent.
I respectfully ask the Council promptly to adopt these changes, as recommended by the Planning Commission and City Staff.
BXP owns both the Santa Monica Business Park and the Colorado Center. A core priority for enhancements to both properties is to better engage with the neighborhood and broader Santa Monica community.
We have invested significantly in upgrades to the open / public space and landscaping at Colorado Center, and we are grateful for the City’s recent approval for the forthcoming upgrades to the open space and landscaping at the Business Park. We have also enhanced our on‐site community programming & events to invite residents to use and enjoy our properties.
An important piece of activating our properties and open spaces is attracting restaurants with outdoor dining. These restaurants not only serve the employees working at these facilities, but also neighboring residents and our broader Santa Monica community.
There are many barriers to opening a new business in Santa Monica, and, to be sure, in many other CA municipalities.
The zoning modifications before you for adoption on October 11th remove a few critical barriers. These modifications have been, and will continue to be, important in our discussions with potential restauranteurs going forward.
With the current interim ordinance set to expire at the end of this year, it is critical that the zoning modifications be made permanent. This will reduce friction for the opening of desperately needed new restaurants and avoid adding back the previous barriers that current prospective entrepreneurs are relying upon. Many of these prospects will not have plans filed for their new projects before the interim provisions expire, set for the end of this year.
In summary, I respectfully request that the Council make these interim provisions permanent.
Thank you for your service, dedication to our City, and your potential consideration of the permanent extension of this ordinance.
Respectfully submitted,
Jonathan Lange
Item 10.D
10/11/22
1 of 5 Item 10.D
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Packet Pg. 448 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) 2 [October 7, 2022. Sent via e‐mail]
Jonathan Lange
SVP | Los Angeles Region
Co-head | U.S. Life Science Investments
2800 28th Street, Suite 170
Santa Monica, CA 90405
(424) 330-3133
[email protected]
Disclaimer
This message is a private communication and is intended only for the named addressee. It may contain information which is confidential, proprietary and/or privileged under applicable law. If you are not the designated recipient, you may not review, copy or distribute this message. If you receive this message in error, please notify the sender by reply e-mail and delete this message from your system.
Item 10.D
10/11/22
2 of 5 Item 10.D
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Packet Pg. 449 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) Board Executives
Chair
Greg Morena
The Albright
Past Chair
Michael Ricks
Providence Saint John’s
Health Center
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair
Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Paula Larmore
Harding Larmore Kutcher
& Kozal LLP
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Vice Chair
Becky Warren
Elevate Public Affairs
Board Members
Younes Atallah
Loews Santa Monica Beach
Hotel
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Jason Berkowitz
Arrow Up Training
Jasson Crockett
Snapchat
Kevin Delijani
Delphi Real Estate Group
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Daycare
Board Members, Cont.
Rudy Flores
Santa Monica Police Officers
Association
Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ann Hsing
Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan
310 Tutors
Susan Neisloss
Big Bite Productions
Pam O’Connor
Terry O’Day
In Charge Energy
Janet Rimicci
UCLA Health
Laura Rosenbaum
CIT One West
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.
Nat Trives
Coalition for Engaged
Education
Jerry L. Yu
Kaiser Permanente
October 11, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
RE: Agenda Item 10D – Permanent codification of economic recovery interim zoning ordinances - SUPPORT
Dear Mayor and Council Members:
On behalf of the Santa Monica Chamber of Commerce we want to offer our support for making the currently active Interim Zoning Ordinances 2637 as extended/modified by IZO 2657 (Citywide Economic Recovery Area) and 2690 (Third Street Promenade) (collectively the "IZOs") permanent.
The Chamber supported the Council's adoption of these provisions in May 2020 as a commonsense step toward removing barriers to business activity that was desperately needed. We are glad that, after two years of trial, testing and refinement, these provisions are being considered for permanent adoption.
These provisions provide flexibility and remove certain barriers to business creation and operation—including changes of use, hours of operation, and parking provision. We are aware of several vacant spaces in the City that are in various stages of leasing based upon these provisions. As they are currently set to expire at the end of 2022, making these provisions permanent will help ensure exciting opportunities to activate vacant ground floor space can be realized, and additional opportunities can be explored without the risk of the provisions expiring before a business can open.
We have seen and heard no negative feedback over the past two years regarding the flexibility these IZOs have provided. Given that positive history, we respectfully ask for your prompt adoption to make them permanent.
We look forward to continuing our collaboration with City Staff, the Planning Commission and the City Council on ways to improve efficiencies and remove barriers to opening a business in Santa Monica.
Thank you,
Judy Kruger Greg Morena
President/CEO 2022-23 Board Chair
Item 10.D
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3 of 5 Item 10.D
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Packet Pg. 450 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) Board Executives
Chair
Greg Morena
The Albright
Past Chair
Michael Ricks
Providence Saint John’s
Health Center
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair
Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Paula Larmore
Harding Larmore Kutcher
& Kozal LLP
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Vice Chair
Becky Warren
Elevate Public Affairs
Board Members
Younes Atallah
Loews Santa Monica Beach
Hotel
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Jason Berkowitz
Arrow Up Training
Jasson Crockett
Snapchat
Kevin Delijani
Delphi Real Estate Group
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Daycare
Board Members, Cont.
Rudy Flores
Santa Monica Police Officers
Association
Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ann Hsing
Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan
310 Tutors
Susan Neisloss
Big Bite Productions
Pam O’Connor
Terry O’Day
In Charge Energy
Janet Rimicci
UCLA Health
Laura Rosenbaum
CIT One West
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.
Nat Trives
Coalition for Engaged
Education
Jerry L. Yu
Kaiser Permanente
October 11, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
RE: Agenda Item 10D – Permanent codification of economic recovery interim zoning ordinances - SUPPORT
Dear Mayor and Council Members:
On behalf of the Santa Monica Chamber of Commerce we want to offer our support for making the currently active Interim Zoning Ordinances 2637 as extended/modified by IZO 2657 (Citywide Economic Recovery Area) and 2690 (Third Street Promenade) (collectively the "IZOs") permanent.
The Chamber supported the Council's adoption of these provisions in May 2020 as a commonsense step toward removing barriers to business activity that was desperately needed. We are glad that, after two years of trial, testing and refinement, these provisions are being considered for permanent adoption.
These provisions provide flexibility and remove certain barriers to business creation and operation—including changes of use, hours of operation, and parking provision. We are aware of several vacant spaces in the City that are in various stages of leasing based upon these provisions. As they are currently set to expire at the end of 2022, making these provisions permanent will help ensure exciting opportunities to activate vacant ground floor space can be realized, and additional opportunities can be explored without the risk of the provisions expiring before a business can open.
We have seen and heard no negative feedback over the past two years regarding the flexibility these IZOs have provided. Given that positive history, we respectfully ask for your prompt adoption to make them permanent.
We look forward to continuing our collaboration with City Staff, the Planning Commission and the City Council on ways to improve efficiencies and remove barriers to opening a business in Santa Monica.
Thank you,
Judy Kruger Greg Morena
President/CEO 2022-23 Board Chair
Item 10.D
10/11/22
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Packet Pg. 451 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) 1 Vernice Hankins
From: Evan Pozarny <[email protected]>
Sent: Monday, October 10, 2022 3:22 PM
To: councilmtgitems
Subject: Supporting Item 10D
EXTERNAL
Dear Mayor and Council Members,
Please support Item 10D and make the interim zoning ordinances permanent. These IZOs have reduced barriers to opening and operating a business in Santa Monica and proven critical in supporting our economic recovery. Let's continue to support our small, local businesses and enliven our downtown and business districts by making these changes permanent.
Thank you,
Evan Pozarny
90401
Evan Pozarny
Executive Vice President
Muselli Commercial Realtors
1513 6th Street Suite 201 A
Santa Monica, CA 90401
Phone: 310-458-4100 ext 221
Cell: 716-830-8819
Email: [email protected]
Web: www.muselli.net
BRE # 01304769
Item 10.D
10/11/22
5 of 5 Item 10.D
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Packet Pg. 452 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) City Council
Zoning Ordinance Amendments
Economic Recovery
October 11, 2022
10.D.c
Packet Pg. 453 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning IZO | Economic Recovery Efforts
Permanent Adoption of Economic Recovery IZOs (Citywide & Promenade) Necessary to Stimulate Economic Recovery & Protect Public Health, Safety, and Welfare
1. Citywide IZO:
Downtown DCP Districts (excluding Third Street Promenade Area) Mixed-Use/Commercial
Employment Districts
Oceanfront Districts
Public and Semi-Public Districts
2. Third Street Promenade Area IZO:
Third Street Promenade (BC District)
BC District (2nd & 4th): Portions bounded by 2nd Street, Broadway, 4th Street, Wilshire Blvd
10.D.c
Packet Pg. 454 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning IZO | Economic Recovery Efforts
Purpose: Encourage Business Reopening
Remove land-use restrictions
Simplify land-use allowances & review procedures (entitlements & parking) Provide flexibility on where commercial uses may be located on a property
1. Citywide IZO:
Provides flexibility for changes in uses, fewer restrictions on size limitations of uses such as restaurants and fitness.
2. Third Street Promenade Area IZO:
More specific to the ongoing vitality of the Promenade Area
10.D.c
Packet Pg. 455 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Background | Emergency IZOs
May 12, 2020:
Council adopted two (2) Emergency IZOs due to COVID-19
November 10, 2020 :
IZOs (Citywide & Promenade) Extended through Dec. 31, 2022 Subsequent Revisions to Promenade IZO:
April 13, 2021 | Sept. 28, 2021 | Jan 25, 2022
August 17, 2022: Planning Commission Recommendation to Adopt IZOs
10.D.c
Packet Pg. 456 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO
Proposed Amendments
Restaurants up to 5,000 SF : Permitted Use
Allow restaurants as a Permitted Use instead of a Minor Use Permit (MUP) Streamlines review/allows greater flexibility for restaurant reopening Clerical (typo) Revision: NC District: remove Limitation L(10) and list as “P” permitted. (for restaurants up to 5,000 SF)
Food Halls up to 175 Seats : Conditional Use Permit (CUP) Allow food halls up to 175 seats with Conditional Use Permit Remove Restaurant Use Limitations on Main Street
Remove restrictions for restaurants up to 5,000 SF
Remove restaurant/bars per block, number of seats and alcohol permit caps Would remove barriers for restaurants and would support restaurants on Main.
10.D.c
Packet Pg. 457 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO
Proposed Amendments
Clarifies Limitation on Size/Street Frontage of Ground Floor Tenant Spaces:
Storefront width and tenant size applicable to only new construction & combination/enlargement of existing tenant spaces.
Allows greater flexibility in reoccupying existing tenant spaces Abandonment of Non-Conforming Eating/Drinking Establishments and Retail Removes 12-month termination period
Allows greater flexibility in reoccupying existing tenant spaces Relaxed Parking Requirements for Changes of Use
Provides a 10 parking space credit for changes in use (current ZO: 3 spaces) Improves ability for new businesses to occupy vacant tenant spaces with slightly higher parking requirements compared to prior use or 1/300 parking rate Restaurants: excludes back-of-house and outdoor dining area square footage
10.D.c
Packet Pg. 458 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO
Proposed Amendments
Off-Site Parking Requirements for Food Halls
Establishes parking rates Citywide from 1/300 to 1/500 (max for DCP) Relaxed Loading Requirements for Change of Use up to 5,000 SF Parking and Loading Operations Plan (PLOP)
Staff may approve loading plans with modified dimensions or waiver of spaces Allows staff to address loading needs based on existing site conditions Simplifies change of use process
10.D.c
Packet Pg. 459 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO
Proposed Amendments
Alcohol Exemptions
Citywide
Simplifies operational conditions with minor expansion of operating hours 9am-12am daily
SM Pier Only
Expands applicability to bars/nightclubs, food halls, and general retail sales Expands operating hours to 8am-2am daily
AE Application Processing for both Citywide and SM Pier:
50 Seats to more: notification remains however appeal procedures removed.
10.D.c
Packet Pg. 460 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO
Proposed Amendments: Use Classifications
Small Scale Facility:
Removes health club and yoga studios, relocates to Personal Services, Physical Training up to 5,000 SF
Allows greater flexibility for fitness uses
Food Hall use Added
Establishes Food Hall definition as a Commercial Use Classification Personal Services, Physical Training
Expands current size restriction from classes of 5 or less to tenant spaces up to 5,000 SF
Fitness and yoga studios added to definition
Allows greater flexibility for fitness uses
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Packet Pg. 461 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO
Proposed Amendments
Land-Use Changes
Streamline permitting of existing uses, minimize MUP, CUP discretionary permits Allows greater flexibility in reoccupying existing tenant spaces Reduce Minimum Active Ground Floor Depth/Allow Direct Access to Upper Floors Reduces front depth from 50 feet to 25 feet
Allows Entry/Direct Access to Upper Floors & Rear Offices from Promenade Allows greater flexibility in creating smaller tenant spaces, as needed.
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Packet Pg. 462 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO
Proposed Amendments
Conversion of Existing Eating/Drinking Establishments to Other Uses Streamlines permitting by eliminating need for CUP to convert existing establishments to other uses.
Abandonment of Non-Conforming Eating/Drinking Establishments and Retail Removes 12-month termination period for bars, restaurants, food hall, retail (sm-med) Allows greater flexibility in reoccupying existing tenant spaces Relaxed Loading Requirements for New Buildings, Additions/Enlargement, Change of Use Parking and Loading Operations Plan (PLOP)
Staff may approve loading plans with modified dimensions or waiver of spaces Allows staff to address loading needs based on existing site conditions PC Recommendation: Expand to the Entire DCP Area, except for Ocean Avenue
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Packet Pg. 463 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO
Proposed Amendments
Alcohol Exemptions
Promenade
Simplifies operational conditions with minor expansion of operating hours 8am-2am daily
AE Application Processing for Promenade:
50 Seats to more: notification remains however appeal procedures removed. Zoning Conformance Review
No longer requires a formal review application for change of ownership for existing non-conforming alcohol outlets without alcohol permits, establishes fewer Substantial Change in Mode or Character criteria.
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Packet Pg. 464 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO
Proposed Amendments
FAR Calculation for Open-Air Rooftop Commercial Uses
Promenade Only:
Exempts unenclosed rooftop areas used for commercial or restaurant from Floor Area/FAR.
Allows shading devises up to 10 feet above roofline/aggregate coverage up to 50% Supports use of outdoor space on Promenade bldgs.
PC Recommendation:
Expand allowance to include the defined “Third Street Promenade Area.” Use Classification: Industry, Limited
Allows for uses on within the Promenade Area, with Limitation on certain uses and that the front ground floor be activated.
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Packet Pg. 465 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Recommendation
Amendments are consistent with LUCE Policies:
(LU-9) Adapt to changing conditions and to support small businesses (LU13.4) Reduce regulatory costs on small business and explore ways to streamline approval process for new/existing businesses (LU13.4)
1. Council Adoption of Citywide IZO Zoning Amendments
2. Council Adoption of Promenade IZO Zoning Amendments
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Packet Pg. 466 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Clerical Revision : Attachment A: Page 30
Mixed-Use
Commercial District Table
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Packet Pg. 467 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Clerical Revision : Attachment A: Page 30
Restaurants < 2,500 SF
Restaurants 2,500 SF – 5,000 SF
Neighborhood Commercial (NC)District
Remove Limitation L(10):
“Limited to restaurants
with 50 or fewer seats”
Permitted Use
with No Restrictions
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Packet Pg. 468 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.E
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and First Reading of an Ordinance Approving the 2022 Building Code Update and Adoption of Resolution Making Findings of Local Climatic, Geological and Topographical Conditions to Adopt Local Amendments to the CA Building Standards Code
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution making findings of local climatic, geological and topographical conditions, as required by California Health & Safety Code, to adopt local amendments to the California Building Standards Code.
2. Introduce for first reading the attached ordinance to adopt the 2022 California Building Standards Code, and Santa Monica local amendments to the 2022 California Building Standards Code, excluding the 2022 California Green Building Code.
3. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance, but at least 30 days before the effective date of the Codes.
Summary
The California Building Standards Commission publishes an amended California Buildings Standards Code every three years to apply throughout the State of California.
All cities and counties in the state must follow the published standards, unless locally amended through adoption of an ordinance, as allowed per State law. Local amendments must be more restrictive than the published State standards, and findings shall be made demonstrating that the amendments are reasonably necessary due to climatic, geological, or topographical conditions.
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The 2022 Edition of the California Building Standards Code was published July 1, 2022, and will become effective on January 1, 2023. This report sets forth the required documentation to adopt the State published 2022 California Building Standards Code, and the proposed local amendments, excluding the 2022 California Green Building Code, which will be presented to Council separately by the City’s Office of Sustainability. The Resolution (Attachment A) provided with this report includes the required findings to establish that the proposed local Santa Monica amendments are necessary and provide for higher orders of structural safety, fire safety, occupant safety, energy efficiencies and environmental conservation. The Ordinance (Attachment B) provided with this report details the formal adoption of the 2022 Edition of the California Building Standards Code and the Santa Monica local amendments, excluding the Green Building Standards Code which (at the time of preparation of this staff report) is scheduled to be considered by the Council at its September 27, 2022 meeting.
Discussion
Pursuant to the State’s Health and Safety Code, the California Building Standards Code (‘Title 24’) that applies throughout the State of California is published every three years.
The majority of local governments adopt the published Title 24 by reference in local ordinances; however, Title 24 is the applicable code by default regardless of whether it is locally adopted. State law prescribes that all cities and counties must follow the published standards 180 days after publication, unless an ordinance is adopted to locally amend the standards. The 2022 Edition of the California Building Standards Code was published July 1, 2022, and will become effective on January 1, 2023.
Local agencies may make amendments to Title 24 provided the amendments are more restrictive than the Title 24 building standards, and upon making findings that the amendments are reasonably necessary because of local climatic, geological and topographical conditions. Local amendments only become effective if the locally adopted ordinance and required findings are filed with the California Building Standards Commission. Additionally, local amendments are specific to each edition of Title 24. In other words, previously approved local amendments must be re-adopted with each new edition of Title 24.
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The 2022 California Building Standards Code (Title 24) includes the following:
▪ Title 24, Part 2: 2022 California Building Code
▪ Title 24, Part 2.5: 2022 California Residential Code
▪ Title 24, Part 3: 2022 California Electrical Code
▪ Title 24, Part 4: 2022 California Mechanical Code
▪ Title 24, Part 5: 2022 California Plumbing Code
▪ Title 24, Part 6: 2022 California Energy Code
▪ Title 24, Part 8: 2022 California Historical Building Code ▪ Title 24, Part 9: 2022 California Fire Code
▪ Title 24, Part 10: 2022 California Existing Building Code ▪ Title 24, Part 11: 2022 California Green Building Standards Code The attached resolution and ordinance under consideration by Council as part of this staff report set forth the adoption of the 2022 California Building Standards Code, excluding Title 24, Part 11 (2022 California Green Building Standards Code). The resolution and ordinance for Title 24, Part 11, along with the respective proposed local amendments, was presented to, and approved by, Council on September 27, 2022, by the Office of Sustainability and the Environment. The proposed local amendments to Part 11 relate to energy efficiency, and pursuant to State law require approval by the California Energy Commission prior to becoming effective. As a result, these local amendments pursued an earlier review and approval timeline to achieve a January 1, 2023, effective date.
Building and Fire Life Safety Commission Action
On August 17, 2022, the Building and Fire Life Safety Commission (‘Commission’) held a public meeting to review the proposed local amendments to Title 24 and the associated findings, as presented by staff. The Commission unanimously supported the adoption of Title 24 and the local amendments presented by staff. As such, the Commission recommends that Council adopt the 2022 California Building Standards Code, and Santa Monica local amendments to the 2022 California Building Standards Code, excluding the 2022 California Green Building Code.
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City of Santa Monica Local Amendments
Staff recommends Council adopt the proposed local amendments to the 2022 Building Standards Code as they are more stringent than the State building codes, and because they are justified by local climatic, geological or topographical conditions. Recognizing the specific seismic conditions of Santa Monica with known earthquake faults in the City, and the special environmental conditions of the City’s beach community, all recommended amendments are presented with a higher order of seismic safety, structural safety, fire protective measures, occupant safety and energy efficiencies. The majority of the amendments, particularly for the Building Code and Residential Code, were discussed, conceived, and authored by the collaborative group of building officials in Los Angeles County. Building and Safety’s engineering staff participated in each of the committees of this collaborative group, and staff finds that the technical suggestions of the collaborative group are widely adopted across the region and are appropriate and applicable to Santa Monica.
Summary of Changes and Recommended Amendments
The proposed changes to Article VIII, Building Regulations, of the Santa Monica Municipal Code (SMMC) are detailed below. The changes include updated section references that have changed from prior building code editions, new Santa Monica local amendments to the State codes, re-adoption of previously adopted local amendments, and text edits to achieve/maintain internal consistency and eliminate redundancies. It is important to note that some of the changes labeled as ‘retention of previously approved local amendments’ may include updates to incorporate updated practices and standards; however, the general intent of the prior amendment remains the same. The overall extent of proposed changes is carrying over local amendments from the previous code cycle. There are no significant new local amendments proposed as part of this code cycle.
SMMC Chapter 8.08 - Administrative Code
Changes to Chapter 8.08 of the Municipal Code include:
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• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Editorial change to remove internal inconsistency with regards to one-year timeframe in which applicant is allowed to start construction after issuance of a building permit, pursuant to Assembly Bill 2913.
SMMC Chapter 8.12 - Building Code
Changes to Chapter 8.12 of the Municipal Code include:
• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
• Retention of standards regionally adopted by the Los Angeles Basin Chapter of the International Code Council (ICC). These standards include a collection of recommended changes from the various committees of the ICC Chapter.
Inclusion of these endorsed regulations update applicable local standards and help achieve consistency across agencies within the region. • Expand fire retardant roofing standards for greater passive fire protection of buildings (SMMC 8.12.070).
• Increased standards for seismic resiliency.
• Updated standards for intermodal shipping containers. Replacing current standards previously taken from standards regionally adopted by the Los Angeles Basin Chapter of the ICC with updated standards from the State of California.
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SMMC Chapter 8.18 - Existing Building Code
Changes to Chapter 8.18 of the Municipal Code include:
• Revise and update applicable references.
SMMC Chapter 8.20 - Historical Building Code
Changes to Chapter 8.20 of the Municipal Code include:
• Revise and update applicable references.
SMMC Chapter 8.22 - Residential Code
Changes to Chapter 8.22 of the Municipal Code include:
• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
• Retention of requirement that construction documents for all dwellings of woodframe construction more than one story in height be stamped and approved by a California licensed architect or engineer (SMMC 8.22.030(a)).
SMMC Chapter 8.24 - Electrical Code
Changes to Chapter 8.24 of the Municipal Code include:
• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
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SMMC Chapter 8.28 - Mechanical Code
Changes to Chapter 8.28 of the Municipal Code include:
• Revise and update applicable references.
SMMC Chapter 8.32 - Plumbing Code
Changes to Chapter 8.32 of the Municipal Code include:
• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
SMMC Chapter 8.36 - Energy Code
Changes to Chapter 8.36 of the Municipal Code include:
• Removal of previously approved local amendments, as they are no longer necessary due to newly adopted Zero Emissions Building Ordinance.
SMMC Chapter 8.40 - Fire Code
Changes to Chapter 8.40 of the Municipal Code include:
• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
SMMC Chapter 8.44 - Fire and Life Safety Prevention Requirements Changes to Chapter 8.44 of the Municipal Code include:
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• Retention of previously approved local amendments, pursuant to the findings required by California Health & Safety Code, as described in the attached Resolution (Attachment A).
• Revise and update applicable references.
• Retention of standards for when sprinklers are required for accessory dwelling unit projects (SMMC 8.44.050(a)(12-15).
SMMC Chapters 8.60, 8.64, 8.68, 8,76, and 8.80 - Seismic Retrofit Changes to Chapters aforementioned chapters of the Municipal Code include:
• Revise and update applicable references.
Next Steps
Following Council’s adoption of the Resolution (Attachment A) and Ordinance (Attachment B), staff will file the amendment documents to the California Building Standards Commission; thereby, making the adopted local amendments of the Ordinance (Attachment B) legally enforceable on January 1, 2023.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council
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Attachments:
A. 2022 Building Code Update Resolution
B. 2022 Building Code Update Ordinance
C. Written Comments
D. PowerPoint Presentation
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1 City Council Meeting: October 11, 2022 Santa Monica, California RESOLUTION NUMBER_______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, AND
TOPOGRAPHICAL CONDITIONS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5
WHEREAS, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code on July 1, 2022, and such code will be effective 180 days thereafter, which is January 1, 2023; and WHEREAS, the 2022 California Building Standards Code includes the 2022 California Building Code, 2022 California Existing Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Fire Code, 2022 California Historical Building Code, and 2022 California Green Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, on August 17, 2022, the Building and Fire Life Safety Commission met to consider recommendations to the City Council regarding adopting the 2022
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Packet Pg. 478 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 2 California Building Standards Code, local amendments to that Code, and local climatic, geological, and topographical conditions; and
WHEREAS, at the August 17, 2022 meetings, the Building and Fire Life Safety Commission unanimously recommended that the City Council adopt a resolution making necessary local findings and adopt the 2022 California Building Standards Code with local amendments, and
WHEREAS, the majority of the local amendments were recommended from a collaborative group of Building Officials from the Los Angeles County region; and WHEREAS, the City Council finds each of the local amendments necessary and applicable to Santa Monica based on local climatic, geological, and topographical conditions; and
WHEREAS, based upon the findings contained in this Resolution, the City Council will be adopting an ordinance making local amendments to certain sections of the building standards contained in the California Building Standards Code, which are reasonably necessary based upon local climatic, geological, and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council makes the following findings regarding local climatic, geological, and topographical conditions related to the local amendments to the California Building Standards Code described in Section 2 below:
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Packet Pg. 479 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 3 General Findings
(a) The Master Environmental Assessment (“MEA”) adopted in April 1996, shows that Santa Monica’s climate is primarily influenced by the Pacific Ocean and is characterized by infrequent rainfall and winds. The winds originate from the west during the day and from the north and northeast during the night. Further, intermittent Santa Ana winds conditions occur from September to March allowing conditions that create the potential for high velocity winds with high temperatures. In addition, the region is within a climate system capable of producing major winds, fire, and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. (Climatic)
(b) Santa Monica is situated in Southern California which has extreme arid conditions and periods of severe drought. As outlined in the MEA, the City relies for its water supply upon water from outside the region which is purchased from the Metropolitan Water District and local groundwater. (Climatic).
(c) The Safety Element of Santa Monica’s General Plan, adopted in January 1995, shows that Santa Monica is in area at high risk of seismic activity due to, among other fault systems, the Santa Monica, Newport-Inglewood, and the San Andreas fault systems, the close proximity of which increases the likelihood of seismic disturbances of substantial magnitude. The Safety Element further discusses the damaging effect local seismic activity would have on potentially hazardous buildings and the related potential demands on emergency service needs. (Geological)
(d) The Los Angeles region has a vast and complex network of faults. Some of these faults, like the previously unknown Northridge Fault, are blind thrust faults that earth
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Packet Pg. 480 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 4 scientists believe are capable of intense ground shaking similar or greater in size than the January 17, 1994 Northridge Earthquake. The random possible location of these blind thrust faults increases the local seismic risk and poses an increasing threat to public safety. (Geological)
(e) The Safety Element also identifies shallow ground water within 50 feet of the ground surface along the beach, near the Industrial corridor and Marine Park areas of the City. This ground water condition, coupled with unconsolidated youthful sedimentary soils, makes these areas susceptible to possible liquefaction during strong or moderately strong earthquakes. Liquefaction is a very destructive secondary effect of strong seismic shaking where a loss of bearing strength occurs along with ground oscillations in the supporting soils. (Geological)
(f) Existing lots in the City of Santa Monica may be located on hilly terrain with slopes that create grading, drainage, foundation, infrastructure, utility and emergency access challenges. (Topographical)
(g) Where climatic conditions in Santa Monica create demands for higher usage of energy and natural resources, measures that allow conservation and efficiencies in construction will promote practices to achieve these goals and will be better realized with a definition of Sustainability as applied to concepts in the California Green Building Standards Code. (Climatic).
(h) The greater Los Angeles region is a densely populated area having residential buildings constructed within a region where environmental resources are scarce due to varying and occasional immoderate temperatures and weather conditions. This local
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Packet Pg. 481 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 5 condition also challenges the demand and need for energy resources upon the local utilities. (Climatic).
(i) Modifications and changes to administrative standards for the effective enforcement of building standards as well as modifications and changes that do not result in substantive changes to the California Building Standards do not modify Building Standards pursuant to Sections 17958 and 18941.5 of the California Health and Safety Code and do not require express findings of local climatic, geological, or topographical conditions to be made to justify them pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code. (Administrative)
Specific Findings
(j) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The amendment imposing roof decking requirements where clay or concrete tiles are used will reduce the failure of concrete and clay tile roofs during a significant earthquake and is in accordance with the scope and objectives of the California Building Code. (Geological)
(k) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to omit the importance factor in the equation ensures that a safe seismic separation distance is maintained for important facilities from adjoining structures and therefore needs to be incorporated into the code to assure that
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Packet Pg. 482 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 6 new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(l) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to limit mixed structural system to two stories is intended to improve quality of construction and reduce potential damages that may result from vertical irregularities of the structural system in buildings subject to high seismic load and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(m) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require special anchorage of the diaphragm to the wall and limit the allowable shear will address and clarify special needs for concrete and masonry construction with flexible wood diaphragm and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
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Packet Pg. 483 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 7 (n) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Additionally, the topography within the Los Angeles region includes significant hillsides with narrow and winding access that makes timely response by fire suppression vehicles challenging and difficult. The additional section establishing seismic design provisions for hillside buildings is intended to mitigate and limit property damage that are the results of increased seismic forces which are imparted upon hillside buildings and structures in the event of a significant earthquake and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological and Topographical)
(o) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification requiring safe design and construction requirements for ceiling suspension systems to resist seismic loads is intended to minimize the amount of damage within a building and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
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Packet Pg. 484 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 8 (p) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require the registered design professional in responsible charge for the structural design to observe the construction will help to ensure acceptable standards of workmanship are provided and improve the quality of the observation and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings and structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(q) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to limit certain types of exemptions from special inspections for concrete construction will improve quality of control during construction and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(r) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require special inspections for detached one10.E.a Packet Pg. 485 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 9 or two-family dwellings not exceeding two stories above grade plane assigned to Seismic Design category D, E and F will help ensure that acceptable standards of workmanship and quality of construction are provided and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (s) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modification to prohibit the use of wood for foundation support or retaining earth lateral pressure in structures assigned to Seismic Design Category D, E, or F is an effort to mitigate potential problems or deficiencies due to the surrounding environment and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Climatic and Geological) (t) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge
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Packet Pg. 486 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 10 Earthquake. The proposed modification to prohibit prescriptive design provisions for foundation walls for structures assigned to Seismic Design Category D, E, or F is intended to ensure that the proper analysis of the structure takes into account the surrounding conditions and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(u) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to require minimum reinforcement in stepped footings is intended to improve performance of buildings and structures and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (v) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to limit the use of prescriptive design provisions and under-reinforced or plain concrete is to ensure that the proper analysis of the structure takes into account the surrounding condition and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or
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Packet Pg. 487 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 11 alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (w) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modification to prohibit the use of timber footings in structures assigned to Seismic Design Category D, E, or F is an effort to mitigate potential problems or deficiencies due to the surrounding environment and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Climatic and Geological) (x) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modifications to prohibit the use of timber deep foundation
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Packet Pg. 488 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 12 elements and wood poles and posts embedded in direct contact with soil in structures assigned to Seismic Design Category D, E, or F are an effort to mitigate potential problems or deficiencies due to the surrounding environment and therefore need to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Climatic and Geological) (y) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require minimum reinforcement to address the problem of poor performance of plain concrete or under-reinforced footings during a seismic event needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(z) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modifications to increase confinement in critical columns, limit the use of highly gravity loaded walls, and increase concrete coverage in thin slabs will serve to prevent failure of structures during seismic events and therefore need to be incorporated into the code to assure that new buildings and structures and additions or
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Packet Pg. 489 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 13 alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (aa) The greater Los Angeles region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. Existing concrete and masonry chimneys and fireplaces may be unreinforced and lack the proper resiliency to lateral forces. The Seismic Design Categories of the City of Santa Monica and the potential effects of seismic activity on existing chimneys and fireplaces necessitate the repair, strengthening or demolition of existing unreinforced concrete or masonry chimneys/fireplaces when construction of the associated building is undertaken. (Geological)
(bb) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to limit the use of staple fasteners to resist or transfer seismic load is intended to improve the performance of buildings and structures during a seismic event and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(cc) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge
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Packet Pg. 490 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 14 Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modification to prohibit the use of wood in retaining and crib walls for structures assigned to Seismic Design Category D, E or F is intended to mitigate potential problems or deficiencies due to the surrounding environment and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Climatic and Geological)
(dd) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require mechanically driven nails to have the same dimensions as hand-driven nails in structures assigned to Seismic Design Category D, E, or F will result in improved quality of construction and performance of wood structural panel shear walls and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
(ee) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of
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Packet Pg. 491 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 15 producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to establish minimum performance requirements for hold-down connectors for structures assigned to Seismic Design Category D, E, or F will reduce failure of wood structural panel shear walls due to excessive deflection and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the International Building Code. (Geological)
(ff) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to place design and construction limits on wood frame diaphragms not substantiated with cyclic testing will help to maintain minimum quality of construction and performance standards of structures and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (gg) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to place design and construction limits on wood frame shear walls not substantiated with cyclic testing will help to maintain minimum quality of construction and performance standards of structures and therefore needs to
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Packet Pg. 492 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 16 be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (hh) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. Conventional framing does not address the need for a continuous load path, critical shear transfer mechanisms, connection-ties, irregular and flexible portions of complex shaped structures. The proposed modification to require continuous footings under braced wall lines will improve performance of buildings or structures during a seismic event and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological) (ii) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification requiring minimum sheathing thickness and nailing type and size will help to maintain minimum quality of construction and performance standards of structures and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Building Code. (Geological)
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Packet Pg. 493 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 17 (jj) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modifications to provide for more stringent requirements for braced wall sheathing, limit the use of staple fasteners to resist or transfer seismic load, and provide more stringent design requirements for retaining walls, including a prohibition on the use of wood for retaining walls over four feet in height are intended to improve the performance of buildings and structures during a seismic event and mitigate potential problems or deficiencies due to the surrounding environment and therefore need to be incorporated into the code to assure that new buildings and structure and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Building Code. (Climatic and Geological)
(kk) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The region is further affected by construction of buildings and structures using traditional construction material that affect air quality, greenhouse gas emission, and construction waste in the area. The proposed amendment addressing structural
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Packet Pg. 494 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 18 designs specific to intermodal shipping containers is intended to reduce the environmental impact of unused and unrecycled intermodal shipping containers and increase sustainability by reducing consumption of traditional construction materials while providing a construction method that will mitigate damage in the event of a significant seismic event. The proposed modification needs to be incorporated into the code to assure that new buildings and additions to existing buildings using intermodal shipping containers are designed and constructed in accordance with the scope and objectives of the California Building Code and California Green Building Standards Code. (Climatic and Geological)
(ll) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require construction documents for wood frame construction greater than one story in height or with a basement to be approved and stamped by a California licensed architect or engineer is intended to assure that both the structural design and prescriptive requirements of the code are properly utilized and presented and therefore need to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(mm) The greater Los Angeles region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. Additionally,
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Packet Pg. 495 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 19 existing lots in the City of Santa Monica may be located on hilly terrain with slopes that create grading, drainage, foundation, infrastructure, utility and emergency access challenges. The proposed modification incorporates design parameters for hillside buildings to better mitigate and limit property damage that are the results of increased seismic forces imparted on hillside buildings and structures in a significant seismic event.
These design parameters need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological and Topographical)
(nn) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to provide more stringent requirements for irregular structures will limit the type of irregular conditions within buildings that may lead to higher structural damage during a seismic event and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in in accordance with the scope and objectives of the California Residential Code and consistent with the recent requirements in the ASCE 7-
16. (Geological)
(oo) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modifications to require that mechanical or plumbing fixtures
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Packet Pg. 496 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 20 and equipment be attached to the structure and limit the equipment weight for attic floor systems is intended to reduce injuries, save lives, and minimize structural damages and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(pp) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require specific detailing at large floor openings is intended to address the poor performance of floor diaphragms with openings and limit or reduce property damages during a seismic event and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological) (qq) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to increase the length and limit the location where shear walls sheathed with lath, plaster or gypsum board are used will help to ensure that multi-level building will reach its performance objective in resisting higher levels of seismic loads and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alternations to existing buildings or
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Packet Pg. 497 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 21 structures are designed or constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(rr) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to place design and construction limits on stapled nail fasteners used in wood structural panel shear walls not substantiated with cyclic testing and requiring minimum sheathing thickness and nailing type and size will help to maintain minimum quality of construction and performance standards of structures and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological) (ss) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modifications requiring minimum sheathing thickness and nailing type and size for alternate braced wall panels and continuously sheathed portal frame panel construction and providing more stringent requirements for portal frame with hold-downs at detached garage door openings, will help to maintain minimum quality of construction and performance standards of structures and therefore need to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
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Packet Pg. 498 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 22 (tt) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification requiring minimum length of braced wall panels based on wall height ensures that the structural integrity with respect to “maximum shear wall aspect ratios” is maintained and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(uu) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification requiring a minimum number of braced wall panels based on length and requiring a minimum length for braced wall panels in certain Seismic Design Categories reduces the aspect ratio and helps to maintain minimum quality of construction and performance standards of structures and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(vv) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require all exterior walls and interior braced
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Packet Pg. 499 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 23 wall panels in buildings be supported on continuous footings will provide for a complete load path that will serve to increase structural integrity in the event of a seismic event and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(ww) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to require specific detailing at large roof openings is intended to address the poor performance of roof diaphragms with openings and limit or reduce property damage during a seismic event and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological) (xx) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to not allow the use of unreinforced masonry in parapet walls in certain Seismic Design Categories is intended to prevent non-ductile failures and sudden structural collapses and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing
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Packet Pg. 500 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 24 buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological) (yy) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to impose stricter reinforcement requirements for masonry elements will ensure that the ductility requirements for buildings in high seismic region meet the intent of the code and limit potential property damages and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(zz) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including, but not limited to, the 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modification to prohibit the use of wood foundation systems as well as limit prescriptive design provisions is an effort to mitigate potential problems or deficiencies arising from these local conditions to ensure that new buildings and structures and additions or alternations to existing buildings or structures are
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Packet Pg. 501 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 25 designed and constructed in accordance with the scope and objectives of the California Residential Code. (Climatic and Geological)
(aaa) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to require continuous footings under braced wall lines, require reinforcement in one- and two-family dwellings, and require minimum reinforcement in stepped footings will improve performance of buildings or structures during a seismic event and minimize potential problems or deficiencies and therefore needs to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological) (bbb) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. In addition, the region is within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Nino (or La Nina) subtropical-like weather. This region is especially susceptible to more active termite and wood attacking insects and microorganisms. The proposed modification to prohibit the use of wood foundation walls is an effort to mitigate potential problems or deficiencies due to the proliferation of wooddestroying organisms and therefore needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures
10.E.a
Packet Pg. 502 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 26 are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Climatic and Geological)
(ccc) The greater Los Angeles region is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modification to anchor masonry chimneys into concrete foundation will reduce injuries, save lives, and minimize structural damages. Therefore, this amendment needs to be incorporated into the code to assure that new buildings and structures and additions or alterations to existing buildings or structures are designed and constructed in accordance with the scope and objectives of the California Residential Code. (Geological)
(ddd) The greater Los Angeles region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake. The proposed modifications to place design and construction limits on staples as fasteners used in wood structural panel or diaphragms not substantiated with cyclic testing will help to maintain minimum quality of construction and performance of structures and therefore need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Residential Code. (Geological)
(eee) Due to fog, salt laden air, and possible splashing of seawater, equipment, materials, and metallic enclosures are subject to severe corrosive conditions that affect protection of live wires and components. Metallic enclosures that are located within 402.4
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Packet Pg. 503 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 27 meters (0.25 miles) of the mean shoreline are especially subject to corrosive conditions The proposed modifications to metallic enclosures located within 402.4 meters (0.25 miles) of the mean shoreline will increase resilience and protect against corrosion. (Climatic).
SECTION 2. The City Council expressly finds that the following modifications and changes to the California Building Standards Code are reasonably necessary because of local climatic, geological, and/or topographical conditions and that the local conditions detailed in Section 1 above apply to the following modifications and changes to the California Building Standards Code as follows:
No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
1 8.08.050, .070 Amend administrative provisions Section (i) Administrative 2 8.08.050(c)(2)
Require building permit for
freestanding masonry or concrete
walls more than four feet in height.
(Continuation from previous code
cycle.)
Sections (c), (d) Geological
3 8.12.010 Adopt 2022 California Building
Code Section (i) Administrative
4 8.12.040
Designation of Essential Facilities
(Continuation from previous code
cycle.)
Section (i) Administrative
5 8.12.050
Supplemental Land Hazard Zone
Requirements.
(Continuation from previous code
cycle.)
Sections (c), (d),
(e) Geological
6 8.12.070
Fire Retardant Roofing.
(Continuation from previous code
cycle with additions for greater
passive fire protection.)
Sections (a), (b) Climatic
7 8.12.080(a)
Roof deck requirements – where
concrete and clay tile is installed.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Sections (c), (d),
(e), (j) Geological
8 8.12.080(b)
Building separations - omit the
importance factor from Equation
12.12-1 to ensure that a safe
seismic separation distance is
provided.
Sections (c), (d),
(e), (k)
Geological
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Packet Pg. 504 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 28 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
9 8.12.080(c)
Limit the height of light frame
construction with vertical
irregularities to two stories for oneand-two family dwellings. (Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (l) Geological
10 8.12.080(d)
Provide more stringent
requirements for the structural
elements for Wood Roof
Diaphragms where they support
concrete or masonry walls and to
limit the allowable shear loads.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (m) Geological
11 8.12.080(e)
Analysis and Design of Special
Provisions for Hillside Buildings
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (n) Geological and
Topographical
12 8.12.080(f)
Amendment to provide structural
safety standards for Suspended
Ceilings where none currently exist
in the California Building Code.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (o) Geological
13 8.12.090(a)
Define specific requirements of the
registered design professional for
general structural observation and
require more comprehensive jobsite reporting.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (p) Geological
14 8.12.090(b)
Provide for more stringent
requirements for seismic structural
observation including lateral design
with an exception for simple
structures
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (p) Geological
15 8.12.090(c)
Requirements for special
inspection for concrete
construction with exceptions.
Section (q) Geological
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Packet Pg. 505 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 29 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
16 8.12.090(d)
Provide more stringent requirement
by requiring special inspection for
seismic resistance for irregular
structures of one-and-two family
dwellings.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (r) Geological
17 8.12.100(a)
Restrict permanent wood
foundations in Seismic Design
Categories D, E, F due to unknown
performance in a seismic event
and its ability to withstand
surrounding elements.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (s) Climatic and
Geological
18 8.12.100(b)
Restrict the prescriptive design of
foundation walls in Seismic Design
Categories D, E, F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (t) Climatic and
Geological
19 8.12.100(c)
Foundations – Stepped Footings.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (u) Geological
20 8.12.100(d)
Provide limitations for the
prescriptive design method of
footings for light-frame construction
in Seismic Design Categories D, E,
F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (v) Climatic and
Geological
21 8.12.100(e)
Restrict allowance of timber
footings in Seismic Design
Categories D, E, F due to unknown
performance in a seismic event
and its ability to withstand
surrounding elements.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (w) Climatic and
Geological
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Packet Pg. 506 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 30 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
22 8.12.100(f)
Restrict allowance of timber deep
foundation elements in Seismic
Design Categories D, E, or F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (x) Climatic and
Geological
23 8.12.100(g)
Restrict allowance of wood poles
and posts embedded in direct
contact with soil in Seismic Design
Categories D, E, or F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (x) Climatic and
Geological
24 8.12.110(a)
Restrict uses of plain structural
concrete and require minimum
reinforcement to address poor
performance of plain concrete.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (y) Geological
25 8.12.110(b)
Provide for critical design criteria of
concrete columns and concrete
shear walls.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (z) Geological
26 8.12.120(a)
Repair/strengthening, alteration or
removal of existing unreinforced
concrete or masonry chimneys/
fireplaces.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (aa) Geological
27 8.12.140(a)
Restrict use of staples to resist or
transfer seismic forces in Seismic
Design Categories D, E, F.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
Section (bb) Geological
28 8.12.140(b)
Restrict use of wood in retaining
and crib walls in Seismic Design
Categories D, E, F
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (cc) Climatic and
Geological
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Packet Pg. 507 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 31 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
29 8.12.140(c)
Require nails installed with a
mechanical driver to meet same
dimensions as hand-driven nails in
Seismic Design Categories D, E, F
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (dd) Geological
30 8.12.140(d)
Minimum performance
requirements for hold-down
connectors for Seismic Design
Categories D, E, F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ee) Geological
31 8.12.140(e)
Standards requirement for woodframe diaphragms with restrictions for Seismic Design Categories D,
E, F.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ff) Geological
32 8.12.140(f)
Standards requirement for woodframe shear walls with restrictions for Seismic Design Categories D,
E, F.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group)
Section (gg) Geological
33 8.12.140(g)
More stringent requirements for
braced wall line support.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group)
Section (hh) Geological
34 8.12.140(h)
Alternative bracing standards for
panels for various methods and
increased requirements for panel
thickness and nailing.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
Section (ii) Geological
35 8.12.140(i)
Provide for more stringent
requirements for braced wall
sheathing based on Seismic
Design Category.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (jj) Geological
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Packet Pg. 508 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 32 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
36 8.12.140(j)
More stringent requirements for
sheathing attachment in Seismic
Design Categories D, E, F --
staples fasteners are prohibited.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
Section (jj) Geological
37 8.12.140(k)
More stringent design
requirements for retaining walls.
Prohibition of use of wood for
retaining walls over 4 feet in height
in Seismic Design Categories D, E,
or F.
(New)
Section (jj) Climatic and
Geological
38 8.12.150
Add “ponds” to title of section, and
add ‘spa, hot tub’ terms to
standards.
Section (i) Administrative
39 8.12.160
Requirements for use of intermodal
shipping containers.
(New)
Section (kk) Climatic and
Geological
40 8.18.010 Adopt 2022 California Existing
Building Code Section (i) Administrative
41 8.20.010 Adopt 2022 California Historical
Building Code Section (i) Administrative
42 8.22.010 Adopt 2022 California Residential
Code Section (i) Administrative
43 8.22.030(a)
Requirement that construction
drawings for woodframe structures
more than one-story shall be
stamped by a licensed architect or
engineer.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
Section (ll) Geological
44 8.22.030(b)
Requirement that slopes steeper
than 33-1/3 percent are to comply
with the structural requirements of
Chapter 16 of the California
Building Code.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (mm) Topographical and
Geological
45 8.22.030(c)
Provide more stringent
requirements for irregular
structures by not allowing
Section (nn) Geological
10.E.a
Packet Pg. 509 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 33 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
exceptions in Chapter 3 of the
California Residential Code.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
46 8.22.030(d)
Require attachment of mechanical
or plumbing fixtures and equipment
to the structure.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (oo) Geological
47 8.22.030(e)
Limit the weight and height of
mechanical and plumbing
equipment for attic floor systems to
less than 400 pounds, and a
maximum height of four feet.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (oo) Geological
48 8.22.030(f)
Establish criteria for openings in
horizontal diaphragms to limit the
maximum floor opening.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (pp) Geological
49 8.22.030(g)
Bracing requirements based on
seismic design category.
Restriction of shear walls sheathed
with other materials in Seismic
Design Category D.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (qq) Geological
50 8.22.030(h)
Provide more stringent
requirements for allowed material
types for bracing requirements and
restrict material types with
unknown performance in Seismic
Category D.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (rr) Geological
51 8.22.030(i)
Provide more stringent
requirements for alternate braced
wall panels.
Section (ss) Geological
10.E.a
Packet Pg. 510 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 34 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
52 8.22.030(j)
Provide more stringent
requirements for portal frame with
hold-downs at detached garage
door openings.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ss) Geological
53 8.22.030(k)
Minimum length of braced wall
panels based on wall height for
Method PFH and CS-PF.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (tt) Geological
54 8.22.030(l)
Minimum number of braced wall
panels based on length in Seismic
Design Category D.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (uu) Geological
555 8.22.030(m)
Require more stringent
requirements for Method CS-PF by
increasing minimum size of panel
sheathing and anchoring methods.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ss) Geological
56 8.22.030(n)
Delete California Residential Code
Section which allows intervals of
continuous foundations for braced
wall panel support in Seismic
Category D.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (vv) Geological
57 8.22.030(o)
Roof openings in horizontal
diaphragms to comply with added
Section R803.2.4 to limit the
maximum roof opening and shear
transfer.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ww) Geological
58 8.22.030(p)
Design requirement for parapet
walls in Seismic Design Category
D.
Section (xx) Geological
10.E.a
Packet Pg. 511 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 35 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
59 8.22.030(q)
Stricter requirement for masonry
element reinforcing.
(Continuation from previous code
cycle with modifications;
amendment from the collaborative
LA County group.)
Section (yy) Geological
60 8.22.050(a)
Restrict the use of wood
foundations in Seismic Category D
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (zz) Climatic and
Geological
61 8.22.050(b)
Requirement for higher structural
design in continuous footings in
Seismic Design Category D.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (aaa) Geological
62 8.22.050(c)
Restrict the use of wood foundation
walls in Seismic Design Category
D
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (bbb) Climatic and
Geological
63 8.22.060(a)
Requirement for chimneys to
anchor four No. 4 reinforcing bars
into the concrete foundation for
seismic support.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ccc) Geological
64 8.22.080(a)
Restrict the use of staples for wood
fastening methods.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ddd) Geological
65 8.22.080(b)
Restrict the use of staples in the
alternate attachment method.
(Continuation from previous code
cycle; amendment from the
collaborative LA County group.)
Section (ddd) Geological
66 8.24.010 Adopt 2022 California Electrical
Code Section (i) Administrative
67 8.24.020
Statement adopting local
amendments. (Continuation from
previous code cycle.)
Section (i) Administrative
10.E.a
Packet Pg. 512 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 36 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
68 8.24.040
Electrical appliances, devices,
materials, and equipment
regulations.
(Continuation from previous code
cycle.)
Section (eee) Climatic
69 8.24.050
Restrictions on use of previously
used materials.
(Continuation from previous code
cycle.)
Section (eee) Climatic
70 8.24.090
Require metallic enclosures
installed within the proximity of the
mean shoreline to have a higher
degree of corrosion protection.
(Continuation from previous code
cycle.)
Section (eee) Climatic
71 8.28.010 Adopt 2022 California Mechanical
Code Section (i) Administrative
72 8.32.020
Statement adopting local
amendments. (Continuation from
previous code cycles.)
Section (i) Administrative
73 8.32.010 Adopt 2022 California Plumbing
Code Section (i) Administrative
74 8.32.040
Require protection of ground water
by prohibiting water softener
discharge to dry wells meeting
standards of the Regional Water
Quality Control Board.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
75 8.32.070
Seismic Gas Shutoff Devices.
(Continuation from previous code
cycle.)
Sections (c), (d),
(e) Geological
76 8.36.010 Adopt 2022 California Energy
Code Section (i) Administrative
77 8.40.010 Adopt 2022 California Fire Code Section (i) Administrative 78 8.40.020(a)
Temporary sales lots
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
79 8.40.020(b)
Submission of records -
electronically submit all compliant
and non-compliant reports to the
Santa Monica Fire Department via
a method approved by the fire
code official.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
80 8.40.020(c)
Building addresses shall be
displayed so as to be visible from
the street and alley
Sections (a), (b) Climatic
10.E.a
Packet Pg. 513 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 37 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
(Continuation from previous code
cycle.)
81 8.40.020(d)
Problematic Systems and Systems
Out-of-Service.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
82 8.40.020(e)
Firewatch.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
83 8.40.020(f) Delete earlier standpipe systems
amendment as redundant. Section (i) Administrative
84 8.40.020(f)
Portable Fire Extinguishers
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
85 8.40.020(g) Santa Monica Pier
(New) Sections (a), (b) Climatic
86 8.40.020(h)
Fireworks
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
87 8.40.020(i) Addition of correct subsection (i)
designation. Section (i) Administrative
88 8.44.040
Definitions
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
89 8.44.050(a)
Requirements for automatic fire
extinguishing and protection
sprinkler systems; with added
language to address requirements
for Accessory Dwelling Units.
(Continuation from previous code
cycle with modifications.)
Sections (a), (b) Climatic
90 8.44.050(b)
Exceptions to Sprinkler Systems.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
91 8.44.050(c)
Minimum Requirements – NonOccupied Buildings.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
92 8.44.080
Authorization to Fire Chief and
Building Officer to promulgate
standards for automatic sprinklers.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
93 8.44.090
High-Rise Building Requirements.
(Continuation from previous code
cycle.)
Sections (a), (b),
(c), (d)
Climatic and
Geological
94 8.44.100
Smoke detectors – existing
residential occupancies.
(Continuation from previous code
cycle.)
Sections (a), (b) Climatic
10.E.a
Packet Pg. 514 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 38 No.
Municipal
Code
Section(s)
Amendment Summary Justification
from Section 1
of Resolution
Local Condition
95 8.44.110
Standards for fire protection
systems.
(Continuation from previous code
cycle with modifications.)
Sections (a), (b) Climatic
96 8.44.120
Seismic protection of fire sprinkler
systems.
(Continuation from previous code
cycle.)
Sections (a), (b),
(c), (d)
Climatic and
Geological
97 8.44.130
Plans and specifications.
(Continuation from previous code
cycle.)
Sections (a), (b),
(c), (d), (i)
Administrative,
Climatic and
Geological
98 8.44.140
Fire alarm requirements.
(Continuation from previous code
cycle.)
Section (i) Administrative
99 8.44.150
Fees for excessive false alarm
responses.
(Continuation from previous code
cycle.)
Section (i) Administrative
100 8.44.160
Penalty for excessive false alarm
responses.
(Continuation from previous code
cycle.)
Section (i) Administrative
101 8.60.010
Adopt Appendix, Chapter A1 of
2022 California Existing Building
Code
Section (i) Administrative
102 8.64.010
Adopt Appendix, Chapter A2 of
2018 International Existing Building
Code
Section (i) Administrative
103 8.68.010
Adopt Appendix, Chapter A3 of
2022 California Existing Building
Code
Section (i) Administrative
104 8.76.050 Update applicable references. Section (i) Administrative 105 8.80.030 Update applicable references. Section (i) Administrative 106 8.80.050(b)(2) Update applicable references. Section (i) Administrative //
//
//
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.
10.E.a
Packet Pg. 515 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 39 APPROVED AS TO FORM
_______________________
Dean Sloan
City Attorney
10.E.a
Packet Pg. 516 Attachment: 2022 Building Code Update Resolution (5205 : Adoption of the 2022 Building Codes (30 min)) 1 City Council Meeting: October 11, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA MONICA
MUNICIPAL CODE BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS
CODE AND THE SANTA MONICA LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDING STANDARDS CODE
WHEREAS, Health and Safety Code Section 18938 provides that the triennial edition of the California Building Standards Code establishes building standards for all occupancies throughout the State and requires that these standards incorporate the latest editions of the Technical Codes with necessary California amendments; and WHEREAS, on July 1, 2022, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code which incorporated the various editions of the Technical Codes by reference with necessary California amendments; and
WHEREAS, the Technical Codes incorporated by reference in the 2022 California Building Standards Code include the 2022 California Building Code, 2022 California Existing Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Fire Code, and 2022 California Green Building Standards Code; and
10.E.b
Packet Pg. 517 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 2 WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout California, including the City of Santa Monica, 180 days after publication by the State Building Standards Commission, which is January 1, 2020; and WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, on August 17, 2022, the Building and Fire Life Safety Commission met to consider recommendations to the City Council regarding adopting the 2022 California Building Standards Code, local amendments to that Code, and local climatic, geological, and topographical conditions; and
WHEREAS, at the August 17, 2022 meeting, the Building and Safety Commission unanimously recommended that the City Council adopt a resolution making necessary local findings and adopt the 2022 California Building Standards Code with local amendments; and
WHEREAS, the majority of the local amendments were recommended from a collaborative group of Building Officials from the Los Angeles County region; and WHEREAS, at its September 27, 2022 meeting, the Santa Monica City Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental conditions to support certain local amendments to the 2022 California
10.E.b
Packet Pg. 518 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 3 Green Building Standards Code; and
WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain modifications and additions to the California Building Standards Code are reasonably necessary based upon local climatic, geological and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. It is the purpose and intent of this Ordinance to adopt the 2022 California Building Code (Title 24, Part 2), 2022 California Existing Building Code (Title 24, Part 10), 2022 California Residential Code (Title 24, Part 2.5), 2022 California Electrical Code (Title 24, Part 3), 2022 California Mechanical Code (Title 24, Part 4), 2022 California Plumbing Code (Title 24, Part 5), 2022 California Historical Building Code (Title 24, Part 8), and 2022 California Fire Code (Title 24, Part 9), along with local modifications and changes that are necessary to address local climatic, geographical, and topographical conditions, and to readopt and make various administrative amendments to certain provisions of the Santa Monica Municipal Code relating to the 2022 California Building Standards Code.
SECTION 2. Chapter 8.04 of the Santa Monica Municipal Code is hereby readopted in its entirety to read as follows:
8.04.010 Criminal sanctions.
10.E.b
Packet Pg. 519 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 4 (a) No person shall erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, occupy, equip, use or maintain any building or structure, mobile home or trailer, or fixture attached thereto, or commence or perform any grading, or import or export any earth materials to or from any site, in violation of any condition, provision or regulation contained in Article VIII of the Municipal Code.
Any person violating Article VIII of the Municipal Code shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
Any person convicted of violating any provision of this Article shall be ordered to reimburse the City its full investigative costs.
(b) Continuing Prosecution. Amendments to this Article VIII shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date of the ordinance adopting the amendment to this Article VIII and shall not affect any prosecution or action which may be pending in any court for the violation of any of the provisions thereof. As to any such violation or as to any such prosecution or pending prosecution or action, the provisions of this Article VIII in effect prior to the adoption of the ordinance adopting the amendment shall be deemed to continue and be in full force and effect.
(c) Restatements of Existing Law. The provisions of this Article VIII, insofar as they are substantially the same as the provisions in effect prior to the adoption of the ordinance
10.E.b
Packet Pg. 520 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 5 adopting any amendment of this Article VIII, shall be construed as restatements and continuations and not as new enactments.
(d) Creation and Enforcement of Local Laws. The provisions of Article VIII are adopted pursuant to Article XI, Sections 5 and 7 of the California Constitution, in addition to the authority contained in the Health and Safety Code, and are adopted to protect the public health, safety and welfare of the City.
(e) Legislative Intent. The preamble to the ordinance adopting the Chapters in Article VIII, and the Resolution adopted by the City Council concurrently therewith, should be consulted for further findings, background and legislative history.
8.04.020 Effective date for building standards.
(a) General. The editions of the California Building Standards Code and the local amendments contained in Article VIII of this Code in effect at the time an application for a permit is submitted shall apply to the plans and specifications for, and to the construction performed under that permit unless one of the following conditions exist:
(1) The City is subject to an emergency proclaimed pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8850) of Division 1 of Title 2 of the Government Code).
(2) The permit is expired pursuant to Section 8.08.070(c) of this Code. (3) The permit holder has suspended or abandoned the work authorized by the permit at any time after the work is commenced for a period of one hundred eighty consecutive days.
10.E.b
Packet Pg. 521 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 6 (4) The permit is subsequently deemed suspended or revoked because the Building Officer has, in writing, suspended or revoked the permit due to its issuance in error or on the basis of incorrect information supplied.
SECTION 3. Chapter 8.08 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.08.010 Purpose, scope and conflicting provisions.
(a) Purpose. The purpose of this Chapter is to establish the minimum requirements necessary to safeguard the public health, safety and general welfare through the administration and enforcement of the California Building Standards Code as adopted by this jurisdiction and codified in Article VIII of the Municipal Code. (b) Scope. The provisions of this Chapter shall apply to the construction, alteration, moving, demolition, repair, site preparation, use, maintenance and occupancy of buildings, structures and building service equipment, and shall serve as the administrative, organizational and enforcement rules and regulations for the applicable codes and standards.
(c) Conflicting Provisions. When conflicting provisions or requirements occur between this Chapter and other codes, standards, or laws, the most restrictive provisions shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. When conflicts occur between specific provisions of this Chapter and administrative provisions of applicable state codes and other standards, the specific provisions of this Chapter shall prevail.
10.E.b
Packet Pg. 522 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 7 8.08.020 Definitions.
For the purpose of this Chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this Section. Where a term, phrase or word does not appear in this Chapter but appears in the California Building Standards Code, the definition in the California Building Standards Code shall be applicable. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used.
Alter or Alteration is a change or modification in construction or building service equipment.
Approved, as to materials, types of construction, equipment and systems, refers to approval by the Building Officer as the result of investigation and tests conducted by the Building Officer, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.
Building Code is the Building Code of the City of Santa Monica.
Building, Existing is a building for which a legal building permit has been issued.
Building Officer is the Building Officer of the City of Santa Monica appointed pursuant to Article VII of the City Charter, or his or her regularly authorized deputy.
Building Service Equipment is the plumbing, mechanical, electrical, elevator equipment or other services that are essential to the occupancy of a building or structure for its designated use.
Code and this Code is the Santa Monica Municipal Code, unless otherwise noted.
Electrical Code is the Electrical Code of the City of Santa Monica.
10.E.b
Packet Pg. 523 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 8 Energy Code is the Energy Code of the City of Santa Monica.
Existing Building Code is the Existing Building Code of the City of Santa Monica.
Green Building Code is the Green Building Standards Code of the City of Santa Monica.
Jurisdiction, as used in this Code, is the City of Santa Monica.
Listed and Listing are terms referring to equipment and materials included in a list published by an approved testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of current productions of listed equipment or materials. The published list shall state that the material or equipment complies with approved nationally recognized codes, standards or tests and has been tested or evaluated and found suitable for use in a specified manner.
Mechanical Code is the Mechanical Code of the City of Santa Monica.
Occupancy is the purpose for which a building, or part thereof, is used or intended to be used.
Owner is any person, agent, firm or corporation having a legal or equitable interest in the property.
Plumbing Code is the Plumbing Code of the City of Santa Monica.
Residential Code is the Residential Code of the City of Santa Monica.
Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
10.E.b
Packet Pg. 524 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 9 Valuation is the estimated fair market value of the cost of all construction work for which the permit is issued as determined by the Building Officer. To determine the valuation, the Building Officer may use the most current building valuation table published by the International Code Council, the mean of three responsible bids from properly licensed contractors or any other commonly accepted method to estimate construction costs.
8.08.030 Powers and duties of the Building Officer.
(a) General. The Building Officer is hereby authorized and directed to enforce all the provisions of Article VIII of this Code, the California Building Standards Code and applicable codes and standards. For such purposes, the Building Officer and authorized deputies shall have the powers of a law enforcement officer.
The Building Officer shall have charge of the supervision and inspection of all buildings within the City and shall have power and be required to:
(1) Examine building plans in order to determine conformity with State laws and ordinances and issue building permits in connection therewith; and (2) Enforce the laws and ordinances regulating the construction and maintenance of buildings and other structures.
(b) Mobile Home Parks. The Building Officer is hereby authorized and directed to enforce the provisions of the Mobilehome Parks Act and Title 25 California Code of Regulations and shall have authority to promulgate and/or adopt administrative regulations governing the appeal of orders, decisions and determinations of the Building Officer for matters related to such enforcement.
10.E.b
Packet Pg. 525 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 10 (c) Deputies. The Building Officer may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The Building Officer may deputize such inspectors or employees as may be necessary to carry out the functions of this Chapter. In post disaster events, the Building Officer may deputize private citizens who are qualified to provide damage assessment of buildings and structures on behalf of the City.
(d) Rules and Interpretations. The Building Officer shall have the power to render interpretations, and to adopt and enforce supplemental rules and regulations as may be deemed necessary to clarify the application of the provisions of this Chapter, the California Building Standards Code and applicable codes and standards. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Chapter.
(e) Right of Entry. When necessary to make an inspection to enforce any of the provisions of this Chapter and applicable codes and standards, or when the Building Officer has reasonable cause to believe that there exists in any building or upon a premises any condition which is contrary to or in violation of this Code, which makes the building or premises unsafe, dangerous or hazardous, the Building Officer, or designee, may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Code. The Building Officer shall have recourse to all remedies provided by law to secure entry.
If the Building Officer has reasonable cause to believe that the building, structure or any condition on a property is so unsafe, dangerous or hazardous as to require immediate inspection to safely protect public health and safety, the Building Officer, or designee,
10.E.b
Packet Pg. 526 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 11 shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, then the Building Officer, or designee, shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.
(f) Orders to Stop Construction Work. When work is being done contrary to any permit, to the provisions of this Chapter, the California Building Standards Code, any development agreements or any other pertinent Federal, State or local ordinances and regulations, the Building Officer, or any subordinate authorized to act on behalf of the Building Officer, may order the work stopped, by giving notice in writing to persons engaged in the doing or causing such work to be done. No person shall fail to comply with the stop work order.
(g) Suspension or Revocation of Permits or Certificate of Occupancy. The Building Officer may, in writing, suspend or revoke a permit or Certificate of Occupancy issued under the provisions of this Chapter whenever the permit or Certificate of Occupancy has been issued in error, on the basis of incorrect information supplied, without the payment of the required fees, or in violation of any Federal, State or local ordinances or regulations.
Local ordinances and regulations include, but shall not be limited to:
(1) Any provision of the approved plans, applicable codes and standards or any other provision of the City’s Municipal Code, which is applicable to the work, including, but not
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Packet Pg. 527 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 12 limited to, exterior noise standards and permitted hours of operation pursuant to Sections 4.12.130 and 4.12.140 of the Municipal Code;
(2) Any condition of City permit approval, including, but not limited to, planning and zoning requirements, required construction mitigation measures for occupied buildings and adjacent properties and tenant protection during construction; (3) Safety standards for onsite use or occupancy, adjacent properties or the public way, as determined by the Building Officer;
(4) Any administrative citations and compliance orders including the payment of any fines or penalties;
(5) Any air or water quality standards, including, but not limited to, asbestos contamination;
(6) Any required license, security or insurance related to the work; (7) Any requirement set forth in a development agreement ordinance. (h) Discontinue Use of Building Occupancy and Service Equipment. When a building or structure or building service equipment therein regulated by this Code and applicable codes and standards is being used, maintained or occupied contrary to the provisions of such codes, or is dangerous to human life, the Building Officer may order such use or occupancy discontinued, entry to any such structure or building be limited, and require such structure, building or requirement be made safe and brought into compliance with this Code. No person shall fail to comply with such an order. The Building Officer may further post signs limiting access to any building, structure or service equipment subject to a correction order issued pursuant to this Section. No person shall
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Packet Pg. 528 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 13 fail to comply with any such signage. No person shall deface, cover or remove such signage.
(i) Authority to Disconnect Utilities. The Building Officer or the Building Officer’s authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this Code or applicable codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property.
The Building Officer shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.
(j) Approval of Alternate Materials, Methods of Design and Methods of Construction. The Building Officer may approve an alternate material, method of design or method of construction not specifically prescribed by the applicable codes and standards, provided the Building Officer finds that the proposed design is satisfactory and complies with the provisions of applicable codes and standards and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in applicable codes and standards in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The Building Officer shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use.
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Packet Pg. 529 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 14 (k) Requiring of Tests. Whenever there is insufficient evidence of compliance with the provisions of applicable codes and standards or evidence that materials or construction do not conform to the requirements of applicable codes and standards, the Building Officer may require tests as evidence of compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified by applicable codes and standards or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Officer shall determine test procedures. Tests shall be made by an approved agency. The Building Officer shall retain reports of such tests for the period required for the retention of public records.
(l) Maintaining Records. The Building Officer shall maintain sufficient records to show the approved use, occupancy and type of construction for all structures requiring permits and the applicable code standards applicable to any existing building. Such records shall include any special administrative approvals including alternate materials, methods of design and construction, modifications and tests.
The Building Officer shall also maintain an official copy of the plans of every building issued a building permit during the life of the building except for: Any building containing a bank, other financial institution, or public utility. (m) Cooperation of Other Officials, Officers, and Managers. The Building Officer may request, and shall receive, the assistance and cooperation of other officials, officers, and managers of this jurisdiction so far as is required in the discharge of the duties required by this Code or other pertinent laws or ordinances.
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Packet Pg. 530 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 15 (n) Liability. The Building Officer charged with the enforcement of this Code, the California Building Standards Code and applicable codes and standards, acting in good faith and without malice in the discharge of duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Officer or employee because of such act or omission performed by the Building Officer or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by this jurisdiction.
This Section shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this Code or permits or certificates issued under this Code.
8.08.040 Board of Appeal.
(a) General. Pursuant to this Chapter, Section 1002 of the Santa Monica City Charter, the California Building Standards Code, the Building and Fire Life Safety Commission is hereby created as the Board of Appeal.
Members of the Commission shall be appointed by the City Council to serve a term of four years unless removed for cause. No Commission member shall hold any paid office with the City.
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Packet Pg. 531 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 16 The Commission shall adopt reasonable rules and regulations for conducting investigations and business and shall render all decisions and findings in writing to the responsible official and appellants. Said Commission may also recommend to the appointing authority such new legislation as is consistent therewith.
The Building Officer and/or Fire Marshal or designee shall be an ex-officio member of the Commission and shall act as secretary.
(b) Membership. The Building and Fire Life Safety Commission shall be composed of seven members. To the extent practicable as determined by the City Council, the Commission’s membership shall be composed as follows: at least one State of California licensed or registered architect, civil engineer or structural engineer; one State of California licensed building contractor; one State of California Certified Access Specialist; and one State of California Registered Fire Protection Engineer. (c) Jurisdiction. The jurisdiction of this Commission shall be limited to hearing appeals of determinations, decisions and orders, including stop work, suspension or revocation orders, issued by the Building Officer or the Fire Marshal relative to the application and interpretations of the California Building Standards Code and related codes and standards.
Unless otherwise specified above, the Commission shall have no jurisdiction over any matter reserved for any other board or commission established by City Charter or this Code, any citations or orders issued pursuant to Chapter 1.09 or 1.10 of this Code, or any abatement proceedings initiated under Chapter 8.92 or 8.96 of Article VIII of this Code or their successors.
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Packet Pg. 532 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 17 (d) Timing of Appeals of Stop Work, Suspension or Revocation Orders. Any appeal of a stop work, suspension or revocation order issued by the Building Officer or the Fire Marshal shall be filed with the Building Officer within three business days after the issuance of the order. Enforcement of the suspension or revocation order is stayed pending resolution of the administrative appeal unless immediate enforcement of the order is mandated because:
(1) Continuation of the work presents an actual or potential danger to construction workers, occupants of adjacent structures, adjacent public infrastructure, or members of the public;
(2) Continuation of the work would be in violation of Santa Monica Building Code Section 108;
(3) Continuation of the work would constitute a nuisance; or (4) No permit has been issued for the work.
When any of these factors are present, any person ordered to stop work shall comply with such order forthwith. If the suspension or revocation order is stayed pending appeal, any materials installed or constructed after issuance of the order may be required to be removed should the Building Officer or Building and Fire Life Safety Commission affirm the order.
(e) Timing of Other Appeals. Unless otherwise specified by this Code, any appeal to the Building and Fire Life Safety Commission shall be filed within ten business days after the issuance of the underlying decision by the Building Officer or the Fire Marshal.
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Packet Pg. 533 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 18 (f) Persons Eligible to Appeal. Appeals may be filed by any permit applicant, the property owner of any permit at issue, or the recipient of any order. Whenever there are multiple parties with the right to appeal, the property owner’s decision to appeal or not appeal shall control.
(g) Judicial Review. Any person aggrieved by any decision of the Building and Fire Life Safety Commission may seek judicial review of the decision.
8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, maintain or demolish any building, structure or building service equipment regulated by this Chapter, the California Building Standards Code and related codes and standards without first obtaining an appropriate permit for each building, structure or building service equipment from the Building Officer except as specified in this Section.
No person shall do any exterior sandblasting within the City without first obtaining an appropriate permit for each separate work location or contractor.
No person shall perform any excavation or grading work without first obtaining an appropriate permit from the Building Officer except as specified in this Section.
No person shall erect any temporary structures within the City without first obtaining an appropriate permit from the Building Officer except as specified in this Section.
Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of applicable codes and standards or any other laws or ordinances.
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Packet Pg. 534 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 19 (b) Temporary Structures. Temporary structures such as reviewing stands, platforms, displays and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the Building Officer for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the Building Code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
(c) Work Exempt from Building Permit. A building permit shall not be required for the following:
(1) One-story detached accessory buildings not more than fourteen feet in height when used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty square feet, when the surface of adjacent grade does not exceed one unit vertical in 10 units horizontal (i.e. ten percent slope); the building does not contain electrical, mechanical or plumbing work and the building conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code. (2) Exterior freestanding walls and fences not over six feet high. (3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high. (5) Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
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Packet Pg. 535 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 20 (6) Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed 2:1. (7) Platforms, walks and driveways not more than thirty inches above grade and not over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than four pounds per square foot or replacing the same weight per square foot. (10) Temporary motion picture, television and theater stage sets and scenery. (11) Prefabricated swimming pools accessory to one- and two-family dwellings in which the pool walls are entirely above the adjacent grade and the capacity does not exceed five thousand gallons and there are no electrical, gas or plumbing equipment or components associated with the prefabricated swimming pool. (d) Work Exempt from a Grading Permit. A grading permit is not required for the following:
(1) Any grading work authorized by a valid combination-building permit. (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. (3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations. (5) Excavations for wells or tunnels or utilities.
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Packet Pg. 536 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 21 (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 geotechnical engineers or engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (sixty-six and seven-tenths percent slope).
(9) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet in depth, not intended to support structures, that does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.
(e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required for the following:
(1) Any plumbing work authorized by a valid combination-building permit. (2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code.
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Packet Pg. 537 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 22 (3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (f) Work Exempt from Electrical Permit. An electrical permit shall not be required for the following:
(1) Any electrical work authorized by a valid combination-building permit. (2) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the Electrical Code permits that cord or cable.
(3) Repair of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control device.
(6) Reinstallation of attachment plug receptacles, but not the outlets therefor. (7) Replacement of an over-current device where the device is installed in the same location and is of the same manufacturer, same voltage, same ampere rating, same characteristics, and has an interrupting capacity meeting conditions at the time of replacement.
(8) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
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Packet Pg. 538 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 23 (9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets. (13) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy. (14) Low-energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.
(g) Work Exempt from Mechanical Permit. A mechanical permit shall not be required for the following:
(1) Any mechanical work authorized by a valid combination-building permit. (2) Portable heating appliance, ventilating equipment, cooling unit or evaporative cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
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Packet Pg. 539 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 24 (4) Replacement of any component part of assembly of an appliance that does not alter its original approval and complies with other applicable requirements of applicable codes and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of applicable codes and standards. (6) A unit refrigerating system as defined in the Mechanical Code. (h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets, urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica and directly supervised by the Building Officer shall not require any building, mechanical, electrical, or plumbing permit. This exemption only applies to the fixture or equipment but does not exempt plumbing, piping, drainage, electrical work associated with the replacement. This exemption does not apply to installations in new buildings.
8.08.060 Permit application.
(a) Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the Building Officer for that purpose. Every such application shall identify and describe the work to be covered by the permit for which each application is made, the responsible party for the work and such other information that the Building Officer may require to show conformance to applicable laws and regulations. When an architect or engineer prepares or is required to prepare submittal documents, the application shall designate the architect and/or engineer of record. (b) Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests,
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Packet Pg. 540 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 25 material tests, special inspection and structural observation programs and other data shall be submitted with each application for a permit. When an architect or engineer does not prepare such plans, the Building Officer may require the applicant submitting such plans or other data to demonstrate that State law does not require that a licensed architect or engineer prepare the plans before accepting submittal documents or permit application.
Deferral of any submittal items shall require prior approval of the Building Officer. If the Building Officer approves the deferral of submittals to a time after permit issuance, the approved plans shall list the deferred submittals. The deferred submittal items shall not be installed until the Building Officer has approved their design and submittal documents.
(c) Investigation. Whenever work for which a permit is required by this Chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work when so ordered by the Building Officer. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale and 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 all relevant laws, ordinances, rules and regulations.
(e) Special Inspection and Structural Observation Program. When the Building Code requires special inspection and/or structural observation, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Officer for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work to have special inspection, the name or names of the
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Packet Pg. 541 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 26 individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors, including any required nondestructive testing.
The Building Officer, or when approved by the Building Officer, the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work, shall employ the special inspector. When structural observation is required, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. (f) Preconstruction Meetings. The Building Officer may require the permit holder to participate in a preconstruction conference prior to the completion of plan review and permit issuance to review the plans and specifications for adequacy and sufficiency of details and conformance to building standards and interpretations. (g) Change of Architect or Engineer of Record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. In such cases, the owner shall notify the Building Officer in writing if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. (h) Expiration of Application for Permit.
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Packet Pg. 542 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 27 (1) A permit application shall expire if no permit is issued within one year after the date the permit application is filed, except as provided below. (A) An application for a demolition permit for the demolition of residential buildings and structures, which are subject to the replacement project requirements of the City’s Zoning Ordinance, shall expire if no permit is issued within two years following the date the application is filed.
(B) An application for a permit for a project subject to the construction rate program of the City’s Zoning Ordinance shall not expire while that project remains on the waiting list for a building permit.
(C) An application for a demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application shall expire if no permit is issued within three years following the date the application is filed.
(2) No action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or purged by the Building Officer. To obtain a permit, applicants shall submit a new application, new submittal documents and pay a new plan review fee. All applicable standards in effect at the time of the new application shall then apply to the project. (i) Extensions. The Building Officer may grant one six-month extension of the oneyear plan check time period set forth in subsection (h)(1) above, if the applicant demonstrates that:
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Packet Pg. 543 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 28 (1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed which would cause the development project at issue to be inconsistent with such amended provisions; and
(3) Any approvals granted under Article IX of the Municipal Code are still valid and have not expired; and
(4) Circumstances beyond the control of the applicant have prevented the permit from being issued in the authorized time period.
8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp.
No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and
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Packet Pg. 544 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 29 specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable:
(1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation:
Valuation
Time Allowed
Under $300,000.00 12 months
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Packet Pg. 545 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 30 $300,001.00 to $1,000,000.00 24 months
$1,000,001.00 to $20,000,000.00 36 months
Over $20,000,000.00 48 months
When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits.
(d) Extensions.
(1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period; (B) If construction has started, substantial progress has been made; (C) The condition of the property presents no health or safety hazard; and (D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (2) The time periods set forth to start construction within one year hundred eighty days or resume construction after cessation of work for one hundred eighty days may each be extended no more than once, and the time period set forth to complete
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Packet Pg. 546 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 31 construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed one hundred eighty days.
(e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work.
If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved.
8.08.080 Fees.
(a) Fees. The fee for each service provided in the administration and enforcement of this Chapter shall be as set forth by Resolution of the City Council based on the estimated reasonable cost of providing the service, except for penalties.
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Packet Pg. 547 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 32 (b) Valuation. When valuation is a basis for fees, the Building Officer shall determine the valuation in accordance with the provisions of this Code. (c) Special Services. When plans, tests, inspections and associated reports require special review and analysis by an outside entity, said fees shall be in an amount reasonably necessary to defray costs to the City directly attributable to employing or contracting with such private entity. Direct costs shall include administrative and overhead costs of the City for procuring and monitoring the work attributable to the outside entity. (d) Reinspection Fees. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
Reinspection fees may also be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Officer. (e) Refunds. The Building Officer shall authorize refunding of a fee paid under the provisions of this Chapter that was erroneously paid or collected or when paid for services not provided. When partial services are performed, the Building Officer shall determine the proportion of the fee to be refunded based on the estimated reasonable cost of the service not performed. Applications for refund must be made in writing within one year of fee payment.
8.08.090 Standard inspections.
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Packet Pg. 548 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 33 (a) General. Construction or work for which a permit is required shall be subject to inspection by the Building Officer and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Officer. It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Officer nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(b) Survey. The Building Officer may require a survey of the lot to verify that the structure is located in accordance with the approved plans. (c) Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Officer conveniently to make the required entries thereon regarding inspection of the work. The permit holder shall maintain this card available until the Building Officer has granted final approval. (d) Maintenance of Approved Plans. Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Officer, and all work regulated by this Code shall be done in accordance with the approved plans, which shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
(e) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Officer that such work is ready for inspection. The Building Officer may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at
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Packet Pg. 549 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 34 the option of the Building Officer. It shall be the duty of the person requesting any inspections required either by this Code or applicable codes and standards to provide access to and means for inspection of the work.
(f) Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Officer. The Building Officer, upon notification, shall make the requested inspections and shall either indicate that that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder 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 Officer.
There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use prior to such occupancy or use. (g) Required Building Inspections. No work shall be covered or concealed without first obtaining the approval of the Building Officer. The Building Officer may make or require other inspections of construction work to ascertain compliance with the provisions of this Code or applicable codes and standards and other laws applicable to the work.
8.08.110 Approved fabricators.
(a) General. The Building Officer may approve portions of the work authorized under any permit to be constructed off-site at the premises of an approved fabricator. (b) Application for Approved Fabricator License. Prior to any work being constructed off-site, the fabricator shall submit an application for approved fabricator status on the form supplied for such purpose by the Building Officer.
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Packet Pg. 550 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 35 The application shall include a detailed fabrication procedural manual reflecting key quality control procedures that provides a basis for inspection control of workmanship and the fabricator plant and the name of the approved inspection or quality control agency that will monitor the effectiveness of the quality control program. (c) Special Inspection Requirements. The Building Officer shall determine if the work is of such a nature to require periodic or continuous special inspection in addition to the quality control measures of the fabricator and periodic monitoring by the approved inspection or quality control agency.
(d) Certificate of Compliance. For any work constructed off-site, the approved fabricator shall submit a certificate of compliance to the Building Officer and to the engineer or architect of record stating that the work was performed in accordance with the approved plans and specifications.
(e) Monitoring Reports. The approved inspection or quality control agency shall notify the Building Officer in writing of any change to the procedural manual, the fabricator’s quality control capabilities, plant and personnel as outlined in the fabrication procedural manual and the results of periodic plant inspections. (f) Revocation of Approved Fabricator Status. The Building Officer may revoke the license of any approved fabricator if it is found that work done pursuant to the approval is in violation of applicable codes and standards or this Chapter. The decision of the Building Officer in these matters shall be final.
8.08.130 Certificate of occupancy.
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Packet Pg. 551 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 36 (a) Use or Occupancy. Buildings or structures shall not be used or occupied, nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Officer has issued a Certificate of Occupancy therefor as provided herein.
(b) Certificate Issued. After the Building Officer inspects the building or structure and finds no violations of the provisions of this Code, approved plans and specifications, or any other pertinent laws, the Building Officer shall issue a Certificate of Occupancy that shall contain the following:
(1) Building permit number.
(2) Address of the building.
(3) Name and address of the owner.
(4) Description of that portion of the building for which the certificate is issued. (5) A statement that the described portion of the building has been inspected for compliance with the requirements of this Code for the group and division of occupancy and the use for which the proposed occupancy is classified. (6) Name of the Building Officer.
(c) Temporary Certificate. The Building Officer may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure if the Building Officer finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, and the required accessibility features are in place. The Building Officer may
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Packet Pg. 552 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 37 require sufficient security to guarantee the completion of any outstanding construction and the payment of all outstanding obligations.
(d) Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Officer.
8.08.140 Validity of approvals.
(a) Issuance of Permits. The issuance of a permit or approval of plans or submittal documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Chapter, the California Building Standards Code, and other applicable codes and standards, or of any other ordinance of this jurisdiction, State or Federal law. Permits presuming to give authority to violate any pertinent law or ordinance shall not be valid.
(b) Validity of Inspections. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this 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. (c) Validity of Certificate of Occupancy. Issuance of a Certificate of Occupancy shall not be construed as an approval of 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 of other ordinances of the jurisdiction shall not be valid.
(d) Conformance to Code. The issuance of a permit based on plans, specifications and other data or the approval as a result of an inspection shall not prevent the Building
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Packet Pg. 553 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 38 Officer from thereafter requiring the correction of errors in said plans, specifications and other data or constructed work prior to use or occupancy or thereafter.
8.08.150 Copy of approved plans.
(a) Plans Available for Viewing. Approved plans maintained by the Building Officer shall be open for inspection as a public record at the City facility designated by the Building Officer.
(b) Copy of Approved Plans. Before duplicating in whole or part the approved plans, the Building Officer shall request the written permission of the certified, licensed or registered professional or his or her successor, if any, who signed the original documents and the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the association established to manage the common interest development to duplicate the plans.
(c) Written Request to Owner and Professionals. The written request to a licensed, registered, or certified professional may be made by sending a registered letter to the licensed, registered, or certified professional requesting his or her permission to duplicate the official copy of the plans and sending with the registered letter, a copy of the affidavit furnished by the Building Officer, which has been completed and signed by the person requesting to duplicate the official copy of the plans. The Building Officer shall send registered letters to the most recent address of the licensed, registered, or certified professional available from the California State Board that licensed, registered or certified the professional.
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Packet Pg. 554 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 39 (d) Cost to Provide Copies. The City Council may establish a fee to be paid by any person who requests the Building Officer to duplicate the official copy of any plans pursuant to this Section, in an amount which it determines is reasonably necessary to cover the costs pursuant to this Section.
(e) Approval or Authorization Unreasonably Withheld. The certified, licensed, or registered professional’s refusal to permit the duplication of the plans is unreasonable if, upon request from the Building Officer, the professional does either of the following:
(1) Fails to respond within thirty days of receipt by the professional of the request.
However, if the Building Officer determines that the professional is unavailable to respond within thirty days of receipt of the request due to serious illness, travel, or other extenuating circumstances, the Building Officer shall extend the time period to allow the professional adequate time to respond, as determined to be appropriate to the individual circumstance, but not to exceed sixty days.
(2) Refuses to give his or her permission for the duplication of the plans after receiving the signed affidavit and registered letter specified in subsections (b) and (c). (f) Requestor’s Affidavit. The Building Officer shall furnish the form of an affidavit to be completed and signed by any person requesting to duplicate the approved plans, which contains provisions stating all of the following:
(1) That the copy of the plans shall only be used for the maintenance, operation, and use of the building.
(2) That drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record.
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Packet Pg. 555 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 40 (3) That subdivision (a) of Section 5536.25 of the Business and Professions Code states that a licensed architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to, or use of, those plans, specifications, reports, or documents where the subsequent changes or uses, including changes or uses made by State or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage.
8.08.160 Connection to utilities.
(a) Utility and Energy Connections. Persons shall not make connections from a utility or other source of electrical power; natural gas; potable, reclaimed or gray water; or solar energy, to building service equipment, which is regulated by applicable codes and standards and for which a permit is required by this Code, until approved by the Building Officer.
(b) Temporary Connections. The Building Officer may authorize the temporary connection of the building service equipment to a source of: electrical power; natural gas; potable, reclaimed or gray water; or solar energy for the purpose of testing building service equipment, or for use under a Temporary Certificate of Occupancy. (c) Connection after Order to Disconnect. Persons shall not make connections from a source of: electrical power; natural gas; potable, reclaimed or gray water; or solar energy, nor supply energy or fuel to building service equipment which has been
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Packet Pg. 556 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 41 disconnected or ordered to be disconnected by the Building Officer or the use of which has been ordered to be discontinued by the Building Officer until the Building Officer authorizes the reconnection and use of such equipment.
8.08.170 Abrasive blasting regulations.
(a) Purpose. The purpose of this Section is to establish minimum standards for abrasive blasting; to safeguard property and public welfare; and to reduce human exposure to noxious materials such as lead and asbestos. (b) Definitions. The following words or phrases, as used in this Section shall have the following meanings:
Abrasive blasting is the cleaning or preparing of a surface by forcibly propelling a stream of abrasive material against the surface.
Abrasive material is any material used in an abrasive blasting operation including, but not limited to, sand slag, steel shot, garnet or walnut shells.
Certified lead inspector/assessor means an individual who is currently certified in accordance with the California Code of Regulations Title 17 Section 35005.
Certified lead project designer means an individual who is currently certified in accordance with the California Code of Regulations Title 17 Section 35006.
Certified lead project monitor means an individual who is currently certified in accordance with the California Code of Regulations Title 17 Section 35007.
Certified lead supervisor means an individual who is currently certified in accordance with the California Code of Regulations Title 17 Section 35008.
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Packet Pg. 557 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 42 Certified lead worker means an individual who is currently certified in accordance with the California Code of Regulations Title 17 Section 35009.
Lead-contaminated dust means lead-contaminated dust as defined pursuant to the California Code of Regulations Title 17 Section 35035.
Lead-contaminated soil means lead-contaminated soil as defined pursuant to the California Code of Regulations Title 17 Section 35036.
Lead hazard means lead hazard as defined pursuant to the California Code of Regulations Title 17 Section 35037.
Lead-related construction work means lead-related construction work as defined pursuant to the California Code of Regulations Title 17 Section 35040. (c) Permit Required. No person shall do any exterior abrasive blasting sandblasting within the City without first obtaining a permit. A permit shall be required for each separate work location or contractor. A permit issued pursuant to this Section shall require compliance with all local, State, and Federal regulations, including, but not limited to, waste disposal, urban runoff control, and asbestos emission control per the South Coast Air Quality Management District Rule 1403.
(d) Application. To obtain a permit, the applicant shall file an application with the Building Officer. Each application shall state the location, name and address of the responsible party, estimated times abrasive blasting will take place, amount of insurance for property damage and public liability that the applicant carries, the name of the insurance company issuing the policy and the contractor qualifications.
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Packet Pg. 558 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 43 (e) Required Test Submittal Documents. Each application for abrasive sandblasting shall also include a determination of the lead content of each surface(s) to be abraded and shall be made by a certified lead inspector/assessor. This determination shall be based on a representative sample of paints chips. Samples shall be collected in accordance with a sampling plan developed for each separate work location. Samples shall be analyzed by a laboratory currently accredited by the State of California Department of Health Services, California Environmental Laboratory Accreditation Program (ELAP). Analysis of surface coatings and materials shall be performed in a manner that meets the requirements of subsection (d)(9) and subsection (n)(4) of Title 8 California Code of Regulations Section 1532.1
(f) Qualifications. Where the lead content of a surface(s) is below six hundred parts per million (ppm), the contractor shall be required to have a California State Licensing Board license with a specialty contractor classification C61 (D38 Sand and Water Blasting) per the California Code of Regulations Title 16, Division 8, Article 3.
Where the lead content of surface(s) is six hundred ppm or greater the contractor shall be required to have a California State Licensing Board license with a specialty contractor classification C61 (D38 Sand and Water Blasting) per the California Code of Regulations Title 16, Division 8, Article 3. In addition, individuals who perform all work including the preparation of the work plan, abatement, and clearance shall be properly qualified in accordance with the California Code of Regulations Title 17, Division 1, Chapter 8, Article 1, Section 35001 et seq. Lead abatement plans shall be prepared by a certified lead project designer or lead project monitor; lead abatement work shall be performed by a certified lead supervisor(s) and certified lead worker(s). All clearance work
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Packet Pg. 559 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 44 shall be performed by a certified lead inspector(s)/assessor(s) or a certified lead project monitor(s).
(g) Lead Hazard. No person shall perform lead-related construction work on any surface in a manner that creates a lead hazard pursuant to California Health and Safety Code Section 105255(a). Where lead concentrations in paint are six hundred ppm or greater and abrasive blasting has been performed, a clearance inspection shall be performed by a certified lead inspector/assessor. In no case following abrasive blasting shall residual soil concentrations of lead exceed four hundred ppm, unless a prior determination established a background lead concentration in soil above four hundred ppm, in which case no residual soil concentration of lead shall exceed the background levels.
(h) Noise Restrictions. Abrasive blasting shall comply with the noise standards of Municipal Code Section 4.12.110.
(i) Dry Sandblasting Limits. No dry abrasive blasting shall be permitted except upon special permission of the Building Officer. Permission shall be granted only in those situations where wet abrasive blasting cannot be done due to unique circumstances. Any application for dry abrasive blasting shall state thereon the reasons why wet abrasive blasting cannot be used and the additional precautions that will be taken to protect the public.
(j) Notice Prior to Abrasive Blasting. A minimum of three days notice shall be given to owners, tenants and occupants of all structures within one hundred fifty feet of the site on which abrasive blasting is to be done.
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Packet Pg. 560 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 45 (k) Additional Requirements. At the Building Officer’s discretion, restrictions in addition to the standards set forth in this chapter may be imposed on a case-by-case basis, when such additional restrictions are necessary to protect the public health and safety.
8.08.180 Responsibility for Code enforcement in mobile home parks. (a) Local Authority. City Council hereby reaffirms Resolution Number 2536 (CCS) adopted November 11, 1961, whereby the City assumes responsibility for enforcement of State of California regulations and requirements for mobile home parks.
8.08.190 Temporary trailer permits.
(a) House-Type Trailers. Whenever the expression “house-type trailers” is used in this Section, it shall mean house trailers, trailer coaches, mobile homes, and similar vehicles as are defined in Section 18000 et seq., of the California Health and Safety Code. (b) Regulations. The following regulations shall apply to house-type trailers other than mobile homes located in mobile home parks for use other than as living accommodations. No person, firm or corporation shall use, store, or place a house-type trailer for any purpose or in any manner except as in these regulations provided:
(1) No person, firm or corporation shall use a house-type trailer for any purpose or in any manner without first obtaining a written permit from the Building Officer authorizing such use, storage, or placement.
(2) No person, firm or corporation shall use, store or place a house-type trailer for any purpose or in any manner in violation of or in nonconformance with any of the terms
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Packet Pg. 561 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 46 provided in a permit issued by the Building Officer for use, storage, or placement of said house-type trailer.
(c) Permit Standards. The Building Officer shall be guided by the following standards in the issuance of permits for the use, storage, and placement of house-type trailers:
(1) No house-type trailer shall be used in any residential zone for any purpose other than storage thereof, except when used in connection with the erection of new structures. (2) No house-type trailer or house-type trailers singly, in connection groups, or otherwise shall be used for any purpose on any lot or parcel, as defined in Article IX of this Code, for a cumulative period of more than six months in any twelve consecutive months, except as hereinafter provided for any purpose other than storage thereof. (3) Except in connection with the erection of new structures, no house-type trailer shall be used for any purpose not directly connected and associated with a business or activity conducted within an enclosed building on the lot or parcel upon which it is used or upon a lot or parcel immediately adjacent or contiguous thereto which is under the ownership, operation, or direct control of the person, firm or corporation to whom the permit is issued.
(4) No permit shall be issued for the use of a house-type trailer unless there are legally provided toilet facilities located within a reasonable distance not to exceed two hundred feet from the closest point of said house-type trailer, which toilet facilities are owned, operated, or under the direct control of the permittee.
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Packet Pg. 562 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 47 (5) The total space occupied by a house-type trailer or trailers used under such permit shall not exceed one percent of the total square footage of the enclosed portion of the building described above for the activity, provided that the space occupied by the house-type trailer may be limited to one house-type trailer used in connection with any business or businesses which are related to each other and are, directly or indirectly, under a common ownership or management, if the space which would be occupied by any house-type trailers in excess of one is normally used for parking of automobiles or has been so used within three months of the time of the application for the permit, and only if the automobiles so displaced may be accommodated on other off street parking facilities owned or controlled by permittee.
(d) Permit Time and Frequency Limits. The permit issued hereunder may be extended for a period not to exceed one year, provided that in the event of such an extension, no further permit shall be issued for use on the same or adjacent premises or on premises owned, operated, or controlled by the permittee or his or her successor or successors in interest for a period of two years succeeding expiration of the extended permit.
8.08.200 Bracing of water heaters.
Prior to any building sale, or as part of any building permit or inspection carried out by the Building and Safety Division, all water heaters shall be braced in conformance with the minimum standards established by the Division of the State Architect or California Building Code.
8.08.210 Building addresses.
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Packet Pg. 563 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 48 (a) Assigning of Address Ranges to Land. The City Engineer shall assign address numbers to all parcels of land in the City of Santa Monica and shall indicate the same upon an official City map.
One hundred numbers shall be assigned to each and every block between streets and avenues and wherever such streets and avenues do not extend through any platted or unplatted lands, the number shall be assigned to the spaces between such streets if extended through such lands.
(b) Assigning of Addresses to Buildings or Use of Land. The Building Officer shall assign address numbers to buildings and when land is used for approved purposes.
To facilitate emergency services and record keeping, the Building Officer shall assign only one numerical address for any new building. Portions of a building divided for separate tenants shall use unit numbers or letters subordinate to the main numerical address. Addresses shall not be assigned to accessory structures. The Building Officer may grant exceptions to these requirements when requested by the Fire Chief or Chief of Police to improve emergency response efforts or to facilitate City record keeping. (c) Posting of Building Addresses. All buildings shall display the assigned address number so as to be visible from the street upon which the address is based.
8.08.220 Expedited solar system permitting.
Solar energy systems which qualify for expedited permit processing, pursuant to Government Code Section 65850.5, shall be subject to the administrative permitting procedures set forth in the City’s Solar Energy System Permit Expediting Ordinance.
8.08.230 Expedited electric vehicle charging station permitting.
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Packet Pg. 564 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 49 Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the City’s Electric Vehicle Charging Station Permit Expediting Ordinance.
SECTION 4. Chapter 8.12 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.12.010 Adoption.
That certain document entitled “California Building Code, 201922 Edition,” which adopts by reference the International Building Code, 201821 Edition, as published by the California Building Standards Commission and the International Code Council including “Seismic Hazard Maps,” as published by the United States Geological Survey (excluding Chapter 1 Division II, and Chapters 7A, 16A, 17A, 18A, 19A, 21A, 22A), including Chapter 1, Division I, and Appendix J are hereby adopted with the local amendments and provisions of this Chapter, and with Chapters 8.18 and 8.48 through 8.80 of the Santa Monica Municipal Code, as the Building Code of the City of Santa Monica.
8.12.020 Local amendments to the California Building Code.
Notwithstanding any provisions of the California Building Code, California Building Standards Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
8.12.040 Essential facilities.
The following facilities are designated as essential facilities, which are necessary for emergency operations subsequent to a natural or man-made disaster: police stations, fire
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Packet Pg. 565 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 50 stations and City Hall. Such facilities shall be categorized as Risk Category IV as defined in Chapter 16 of the California Building Code.
8.12.050 Supplemental land hazard zone requirements.
In addition to those areas recognized under the State Seismic Hazards Mapping Act, certain portions of the City are hereby established as Seismic Hazard Zones and Geologic Hazard Zones. Said zones shall be known as outlined, illustrated and designated in the Safety Element of the General Plan on the Districting Maps. Said maps together with all legends, indices and explanatory notes thereon are hereby made a part of these codes.
It is further provided that adjustments and changes may be made hereafter in the boundaries of said zones by the Building Officer to implement the Safety Element of the General Plan as additional geologic or subgrade data is made public.
For the purposes of these codes, all construction within the scope of these codes that is within a Land Hazard Zone shall be subject to special design requirements, which are necessary to effect the stated purpose of these codes. Special design requirements shall conform to the guidelines of the California Department of Conservation, Division of Mines and Geology.
8.12.070 Fire retardant roofing.
Section 1505.1 of the California Building Code is amended to read as follows:
All roofs shall be Class A or B roofing assemblies in accordance with the Building Code.
The use of non-fire-retardant wood shingles or non-fire-retardant shakes for new or replacement roofing is prohibited. Class A or B roof assemblies and roof coverings shall be listed and tested in accordance with ASTM E108 or UL 790. In addition, fire-treated wood roof covering shall be tested in accordance with ASTM D2898.
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Packet Pg. 566 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 51 Section R902.1 of the California Residential Code is amended to read as follows:
Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed. The use of non-fire-retardant wood shingles or non-fire-retardant shakes for new or replacement roofing is prohibited. Class A or B roofing shall be listed and tested in accordance with UL 790 or ASTM E108.
8.12.080 General structural design provisions.
(a) Rooftop Coverings. Section 1507.3.1 of the California Building Code is amended to read as follows:
1507.3.1 Deck Requirements. Concrete and clay tile shall be installed only over solid structural sheathing.
(b) Building Separations. Section 1613.5.3 is added to Chapter 16 of the California Building Code to read as follows:
1613.5.3 ASCE 7, 12.12.3. Modify ASCE 7 Equation 12.12-1 of Section 12.12.3 to read as follows:
δM = Cd δmax
(12.12-1)
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Packet Pg. 567 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 52 (c) Vertical Combination of Lateral Force Resisting Systems.
Sections 1613.5 and 1613.5.1 are added to Chapter 16 of the California Building Code to read as follows:
1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7.
1613.5.1 Values for vertical combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 to read as follows:
3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
(d) Subdiaphragm Design. Section 1613.5.2 is added to Chapter 16 of the California Building Code to read as follows:
1613.5.2 Wood Diaphragms. Modify ASCE 7, Section 12.11.2.2.3 to read as follows:
12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in crossgrain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section.
For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:
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Packet Pg. 568 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 53 1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.
(e) Hillside Building. Section 1613.6 is added to Chapter 16 of the California Building Code to read as follows:
1613.6 Seismic Design Provisions for Hillside Buildings. 1613.6.1 Purpose. The purpose of this section is to establish minimum regulations for the design and construction of new buildings and additions to existing buildings when constructing such buildings on or into slopes steeper than one unit vertical in three units horizontal (33.3%). These regulations establish minimum standards for seismic force resistance to reduce the risk of injury or loss of life in the event of earthquakes. 1613.6.2 Scope. The provisions of this section shall apply to the design of the lateralforce-resisting system for hillside buildings at and below the base level diaphragm. The design of the lateral-force-resisting system above the base level diaphragm shall be in accordance with the provisions for seismic and wind design as required elsewhere in this division.
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Packet Pg. 569 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 54 Exception: Non-habitable accessory buildings and decks not supporting or supported from the main building are exempt from these regulations. 1613.6.3 Definitions. For the purposes of this section certain terms are defined as follows:
BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the highest level of the foundation.
DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge.
DOWNHILL DIRECTION is the descending direction of the slope approximately perpendicular to the slope contours.
FOUNDATION is concrete or masonry which supports a building, including footings, stem walls, retaining walls, and grade beams.
FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a foundation running downhill and approximately perpendicular to the uphill foundation.
HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3%). If only a portion of the building is supported on or into the slope, these regulations apply to the entire building.
PRIMARY ANCHORS are diaphragm anchors designed for and providing a direct connection as described in Sections 1613.6.5 and 1613.6.7.3 between the diaphragm and the uphill foundation.
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Packet Pg. 570 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 55 SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragm to foundation connection, as described in Sections 1613.6.6 and 1613.6.7.4.
UPHILL DIAPHRAGM EDGE is the edge of the diaphragm adjacent and closest to the highest ground level at the perimeter of the diaphragm.
UPHILL FOUNDATION is the foundation parallel and closest to the uphill diaphragm edge.
1613.6.4 Analysis and Design.
1613.6.4.1 General. Every hillside building within the scope of this section shall be analyzed, designed, and constructed in accordance with the provisions of this division.
When the code-prescribed wind design produces greater effects, the wind design shall govern, but detailing requirements and limitations prescribed in this and referenced sections shall be followed.
1613.6.4.2 Base Level Diaphragm-Downhill Direction. The following provisions shall apply to the seismic analysis and design of the connections for the base level diaphragm in the downhill direction.
1613.6.4.2.1 Base for Lateral Force Design Defined. For seismic forces acting in the downhill direction, the base of the building shall be the floor at or closest to the top of the highest level of the foundation.
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Packet Pg. 571 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 56 1613.6.4.2.2 Base Shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems. The total base shear shall include the forces tributary to the base level diaphragm including forces from the base level diaphragm. 1613.6.5 Base Shear Resistance-Primary Anchors.
1613.6.5.1 General. The base shear in the downhill direction shall be resisted through primary anchors from diaphragm struts provided in the base level diaphragm to the foundation.
1613.6.5.2 Location of Primary Anchors. A primary anchor and diaphragm strut shall be provided in line with each foundation extending in the downhill direction. Primary anchors and diaphragm struts shall also be provided where interior vertical lateral-forceresisting elements occur above and in contact with the base level diaphragm. The spacing of primary anchors and diaphragm struts or collectors shall in no case exceed 30 feet (9144 mm).
1613.6.5.3 Design of Primary Anchors and Diaphragm Struts. Primary anchors and diaphragm struts shall be designed in accordance with the requirements of Section 1613.6.8.
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Packet Pg. 572 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 57 1613.6.5.4 Limitations. The following lateral-force-resisting elements shall not be designed to resist seismic forces below the base level diaphragm in the downhill direction:
1. Wood structural panel wall sheathing,
2. Cement plaster and lath,
3. Gypsum wallboard, and
4. Tension only braced frames.
Braced frames designed in accordance with the requirements of Section 2205.2.1.2 may be used to transfer forces from the primary anchors and diaphragm struts to the foundation provided lateral forces do not induce flexural stresses in any member of the frame or in the diaphragm struts. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular. 1613.6.6. Base Shear Resistance-Secondary Anchors.
1613.6.6.1 General. In addition to the primary anchors required by Section 1613.6.5, the base shear in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in the base level diaphragm.
Exception: Secondary anchors are not required where foundations extending in the downhill direction spaced at not more than 30 feet (9144 mm) on center extend up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth.
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Packet Pg. 573 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 58 1613.6.6.2 Secondary Anchor Capacity and Spacing. Secondary anchors at the base level diaphragm shall be designed for a minimum force equal to the base shear, including forces tributary to the base level diaphragm, but not less than 600 pounds per lineal foot (8.76 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of four feet (1219 mm) on center.
1613.6.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.
1613.6.7 Diaphragms Below the Base Level-Downhill Direction. The following provisions shall apply to the lateral analysis and design of the connections for all diaphragms below the base level diaphragm in the downhill direction. 1613.6.7.1 Diaphragm Defined. Every floor level below the base level diaphragm shall be designed as a diaphragm.
1613.6.7.2 Design Force. Each diaphragm below the base level diaphragm shall be designed for all tributary loads at that level using a minimum seismic force factor not less than the base shear coefficient.
1613.6.7.3 Design Force Resistance-Primary Anchors. The design force described in Section 1613.6.7.2 shall be resisted through primary anchors from diaphragm struts
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Packet Pg. 574 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 59 provided in each diaphragm to the foundation. Primary anchors shall be provided and designed in accordance with the requirements and limitations of Section 1613.6.5. 1613.6.7.4 Design Force Resistance-Secondary Anchors.
1613.6.7.4.1 General. In addition to the primary anchors required in Section 1613.6.7.3, the design force in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in each diaphragm below the base level.
Exception: Secondary anchors are not required where foundations extending in the downhill direction, spaced at not more than 30 feet (9144 mm) on center, extend up to and are directly connected to each diaphragm below the base level for at least 70% of the diaphragm depth.
1613.6.7.4.2 Secondary Anchor Capacity. Secondary anchors at each diaphragm below the base level diaphragm shall be designed for a minimum force equal to the design force but not less than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of four feet (1219 mm) on center. 1613.6.7.4.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.
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Packet Pg. 575 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 60 1613.6.8 Primary and Secondary Anchorage and Diaphragm Strut Design. Primary and secondary anchors and diaphragm struts shall be designed in accordance with the following provisions:
1. Fasteners. All bolted fasteners used to develop connections to wood members shall be provided with square plate washers at all bolt heads and nuts. Washers shall be minimum 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Nuts shall be tightened to finger tight plus one half (1/2) wrench turn prior to covering the framing.
2. Fastening. The diaphragm to foundation anchorage shall not be accomplished by the use of toenailing, nails subject to withdrawal, or wood in cross-grain bending or crossgrain tension.
3. Size of Wood Members. Wood diaphragm struts collectors, and other wood members connected to primary anchors shall not be less than three-inch (76 mm) nominal width. The effects of eccentricity on wood members shall be evaluated as required per Item 9.
4. Design. Primary and secondary anchorage, including diaphragm struts, splices, and collectors shall be designed for 125% of the tributary force.
5. Allowable Stress Increase. The one-third allowable stress increase permitted under Section 1605.3.2 shall not be taken when the working (allowable) stress design method is used.
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Packet Pg. 576 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 61 6. Steel Element of Structural Wall Anchorage System. The strength design forces for steel elements of the structural wall anchorage system, with the exception of anchor bolts and reinforcing steel, shall be increased by 1.4 times the forces otherwise required.
7. Primary Anchors. The load path for primary anchors and diaphragm struts shall be fully developed into the diaphragm and into the foundation. The foundation must be shown to be adequate to resist the concentrated loads from the primary anchors.
8. Secondary Anchors. The load path for secondary anchors and diaphragm struts shall be fully developed in the diaphragm but need not be developed beyond the connection to the foundation.
9. Symmetry. All lateral force foundation anchorage and diaphragm strut connections shall be symmetrical. Eccentric connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests.
10. Wood Ledgers. Wood ledgers shall not be used to resist cross-grain bending or cross-grain tension.
1613.6.9 Lateral-Force-Resisting Elements Normal to the Downhill Direction. 1613.6.9.1 General. In the direction normal to the downhill direction, lateral-forceresisting elements shall be designed in accordance with the requirements of this section.
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Packet Pg. 577 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 62 1613.6.9.2 Base Shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems.
1613.6.9.3 Vertical Distribution of Seismic Forces. For seismic forces acting normal to the downhill direction the distribution of seismic forces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the top of the lowest level of the building foundation.
1613.6.9.4 Drift Limitations. The story drift below the base level diaphragm shall not exceed 0.007 times the story height at strength design force level. The total drift from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 mm).
Where the story height or the height from the base level diaphragm to the top of the foundation varies because of a stepped footing or story offset, the height shall be measured from the average height of the top of the foundation. The story drift shall not be reduced by the effect of horizontal diaphragm stiffness. 1613.6.9.5 Distribution of Lateral Forces.
1613.6.9.5.1 General. The design lateral force shall be distributed to lateral-forceresisting elements of varying heights in accordance with the stiffness of each individual element.
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Packet Pg. 578 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 63 1613.6.9.5.2 Wood Structural Panel Sheathed Walls. The stiffness of a stepped wood structural panel shear wall may be determined by dividing the wall into adjacent rectangular elements, subject to the same top of wall deflection. Deflections of shear walls may be estimated by AWC SDPWS Section 4.3.2. Sheathing and fastening requirements for the stiffest section shall be used for the entire wall. Each section of wall shall be anchored for shear and uplift at each step. The minimum horizontal length of a step shall be eight feet (2438 mm) and the maximum vertical height of a step shall be two feet, eight inches (813 mm).
1613.6.9.5.3 Reinforced Concrete or Masonry Shear Walls. Reinforced concrete or masonry shear walls shall have forces distributed in proportion to the rigidity of each section of the wall.
1613.6.9.6 Limitations. The following lateral force-resisting-elements shall not be designed to resist lateral forces below the base level diaphragm in the direction normal to the downhill direction:
1. Cement plaster and lath,
2. Gypsum wallboard, and
3. Tension-only braced frames.
Braced frames designed in accordance with the requirements of Section 2205.2.1.2 of this Code may be designed as lateral-force-resisting elements in the direction normal to the downhill direction, provided lateral forces do not induce flexural stresses in any
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Packet Pg. 579 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 64 member of the frame. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.6.10 Specific Design Provisions.
1613.6.10.1 Footings and Grade Beams. All footings and grade beams shall comply with the following:
1. Grade beams shall extend at least 12 inches (305 mm) below the lowest adjacent grade and provide a minimum 24-inch (610 mm) distance horizontally from the bottom outside face of the grade beam to the face of the descending slope.
2. Continuous footings shall be reinforced with at least two No. 4 reinforcing bars at the top and two No. 4 reinforcing bars at the bottom.
3. All main footing and grade beam reinforcement steel shall be bent into the intersecting footing and fully developed around each corner and intersection.
4. All concrete stem walls shall extend from the foundation and reinforced as required for concrete or masonry walls.
1613.6.10.2 Protection Against Decay and Termites. All wood to earth separation shall comply with the following:
1. Where a footing or grade beam extends across a descending slope, the stem wall, grade beam, or footing shall extend up to a minimum 18 inches (457 mm) above the highest adjacent grade.
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Packet Pg. 580 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 65 Exception: At paved garage and doorway entrances to the building, the stem wall need only extend to the finished concrete slab, provided the wood framing is protected with a moisture proof barrier.
2. Wood ledgers supporting a vertical load of more than 100 pounds per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD) levels and located within 48 inches (1219 mm) of adjacent grade are prohibited. Galvanized steel ledgers and anchor bolts, with or without wood nailers, or treated or decay resistant sill plates supported on a concrete or masonry seat, may be used.
1613.6.10.3 Sill Plates. All sill plates and anchorage shall comply with the following:
1. All wood framed walls, including nonbearing walls, when resting on a footing, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface.
2. Power-driven fasteners shall not be used to anchor sill plates except at interior nonbearing walls not designed as shear walls.
1613.6.10.4 Column Base Plate Anchorage. The base of isolated wood posts (not framed into a stud wall) supporting a vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design (ASD) levels or more and the base plate for a steel column shall comply with the following:
1. When the post or column is supported on a pedestal extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as required for
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Packet Pg. 581 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 66 concrete or masonry columns. The pedestal shall be reinforced with a minimum of four No. 4 bars extending to the bottom of the footing or grade beam. The top of exterior pedestals shall be sloped for positive drainage.
2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal, shall be confined with two No. 4 or three No. 3 ties within the top five inches (127 mm) of the concrete or masonry pedestal. The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters into the concrete or masonry pedestal. The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least two galvanized nuts above the base plate. 1613.6.10.5 Steel Beam to Column Supports. All steel beam to column supports shall be positively braced in each direction. Steel beams shall have stiffener plates installed on each side of the beam web at the column. The stiffener plates shall be welded to each beam flange and the beam web. Each brace connection or structural member shall consist of at least two 5/8 inch (15.9 mm) diameter machine bolts. (f) Suspended Ceilings. Add Section 1613.7 to Chapter 16 of the California Building Code to read as follows:
1613.7 Suspended Ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this subsection.
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Packet Pg. 582 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 67 1613.7.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.
1613.7.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1,828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.
1613.7.3 Sprinkler Heads. All sprinkler heads (drops) except fire-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile.
Sprinkler heads and other penetration shall have a 2-inch (50 mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1-inch (25 mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1-inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.
Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.
1613.7.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.
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Packet Pg. 583 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 68 1613.7.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies.
Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.7.4.2 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1,219 mm) radius of the exit lights and exit signs.
1613.7.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this Code. 1613.7.4.4 Support for Appendages. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.
8.12.090 Structural observation special instructions inspections. (a) Structural Observation—General. Amend Section 1704.6 of the California Building Code to read as follows:
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Packet Pg. 584 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 69 1704.6 Structural Observations. Where required by the provisions of Section 1704.6.1, 1704.6.2, or 1704.6.3, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or the other section of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the Building Official.
Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the Building Official. Upon the form prescribed by the Building Official, the structural observer shall submit to the Building Official a written statement at each significant construction stage stating that the site visits have been
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Packet Pg. 585 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 70 made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the Building Official.
(b) Structural Observation—Seismic. Amend Section 1704.6.2 of the California Building Code to read as follows:
1704.6.2 Structural Observation for Seismic Resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F, where either one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure is a high-rise building.
32.The structure is classified as Risk Category I or II, and a lateral design is required for the structure or portion thereof.
4. Such observation is required by the registered design professional responsible for the structural design.
5. Such observation is specifically required by the Building Official.
Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
4. When so designated by the registered design professional responsible for the structural design.
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Packet Pg. 586 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 71 5. When such observation is specifically required by the building official.
As applied to this Section, a registered design professional is an individual who is registered and licensed in the State of California as a Civil Engineer, Structural Engineer or Architect by the California Board of Professional Engineers, Land Surveyors and Geologists or the California Architects Board.
(c) Special Inspection for Concrete Construction. Amend Section 1705.3 of the California Building Code to read as follows:
1705.3 Concrete Construction. The special inspections and verifications tests for concrete construction shall be as required by this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa) regardless of the compressive strength specific in the construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7 or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa), regardless
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Packet Pg. 587 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 72 of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete patios, driveways and sidewalks, on grade.
TABLE 1705.3
REQUIRED VERIFICATION AND INSPECTION OF CONCRETE CONSTRUCTION
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Packet Pg. 588 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 73 (d) Special Inspection for Seismic Resistance. Amend Section 1705.132 of the California Building Code to read as follows:
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Packet Pg. 589 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 74 1705.132 Special Inspection for Seismic Resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.132.1 through 1705.132.9, unless exempted by the exceptions of Section 1704.2.
Exception: Special inspections itemized in Sections 1705.132.1 through 1705.132.9 are not required for structures designed and constructed in accordance with one of the following:
1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed
0.5 g; and the building height of the structure does not exceed 35 feet (10,668 mm) above grade plane; or
2. The seismic force-resisting system of the structure consists for reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7,620 mm);
3. Detached one- or two-family dwellings not exceeding two stories above grade plane, provided the structure is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness irregularity—extreme soft story and soft story.
3.4 Discontinuity in lateral strength—weak story irregularity.
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Packet Pg. 590 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 75 8.12.100 Foundations.
(a) Permanent Wood Foundation Systems. Amend Section 1807.1.4 of the California Building Code to read as follows:
1807.1.4 Permanent Wood Foundations Systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1.
Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
(b) Prescriptive Design of Foundation Walls. Amend Section 1807.1.6 of the California Building Code to read as follows:
1807.1.6 Prescriptive Design of Concrete and Masonry Foundation Walls. Prescriptive design of concreate and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
(c) General. Amend Section 1809.3 of the California Building Code to read as follows:
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Packet Pg. 591 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 76 1809.3 Stepped Footings. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in ten units horizontal (ten percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in ten units horizontal (ten percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of grade beams supporting walls. Footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.
FIGURE 1809.3
STEPPED FOOTING
(d) Prescriptive Footings. Amend Section 1809.7 and Table 1809.7 of the California Building Code to read as follows:
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Packet Pg. 592 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 77 1809.7 Prescriptive Footings for Light-Frame Construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7 Prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING fe
WIDTH OF
FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
d. For thickness of foundation walls, see Section 1807.1.6. e. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor. (e) Timber Footings. Amend Section 1809.12 of the California Building Code to read as follows:
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Packet Pg. 593 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 78 1809.12 Timber Footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B).
Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F. (f) Timber. Amend Section 1810.3.2.4 of the California Building Code to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D
25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F. (g) Embedded posts and poles
Section 1807.3.1 of the California Building Code is amended to read as follows:
1807.3.1 Limitations. The design procedures outlined in this section are subject to the following limitations:
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Packet Pg. 594 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 79 1. The frictional resistance for structural walls and slabs on silts and clays shall be limited to one-half of the normal force imposed on the soils by the weight of the fooling or slab.
2. Posts embedded in earth shall not be used to provide lateral support for structural or nonstructural materials such as plaster, masonry or concrete unless bracing is provided that develops the limited deflection required.
Wood poles shall be treated in accordance with AWPA U1 for sawn timber posts (Commodity Specification A, Use Category 4B) and for round timber posts (Commodity Specification B, Use Category 4B). Wood poles and posts embedded in direct contact with soil shall not be used for structures assigned to Seismic Design Category D, E or F.
Exception: Wood poles and posts embedded in direct contact with soil may be used to support nonhabitable, nonoccupiable structures such as fences when approved by the building official.
8.12.110 Concrete.
(a) Minimum Reinforcement. Amend Section 1905.1.7 of the 201922 California Building Code to read as follows:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4. Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
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Packet Pg. 595 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 80 14.1.4.1. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing.
Continuity of reinforcement shall be provided at corners and intersections.
Exceptions:
1. Detached one- and two-family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing. (b) Reinforcement. Amend Section 1905.1 to read as shown below and add Sections 1905.1.9 through 1905.1.11 to Chapter 19 of the California Building Code to read as follows:
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Packet Pg. 596 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 81 (1) 1905.1 General. The text of ACI 318 shall be modified as indicated in Sections 1905.1.1 through 1905.1.11.
1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section
18.7.5.7 and 18.7.5.8 as follows:
18.7.5.7 Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections
18.7.5.1, Items (a) through (c), over the full height of the member.
18.7.5.8 At any section where the design strength, φPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.7.6.1 and
18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, φPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis. 1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.6 as follows:
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Packet Pg. 597 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 82 18.10.4.6 Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquakeinduced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14. 1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:
18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.
8.12.120 Concrete and masonry fireplaces and chimneys.
(a) Existing Concrete and Masonry Fireplaces and Chimneys. Where construction work of any kind is on the same wall or plane as an existing concrete or masonry fireplace and/or chimney, and where the fireplace and/or chimney does not meet the requirements of the current California Building Code, the fireplace and/or chimney shall:
(1) Be retrofitted, to meet a minimum of seventy-five percent of the design load requirements in the California Building Code and in accordance with all applicable laws, including the City’s Zoning, and Landmark and Historic Preservation laws; (2) Be demolished, in accordance with all applicable laws, including the City’s Zoning, and Landmark and Historic Preservation laws.
8.12.140 Wood construction.
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Packet Pg. 598 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 83 (a) Fastener Requirements. Amend Section 2304.10.21 of the California Building Code to read as follows:
2304.10.21 Fastener Requirements. Connections for wood members shall be designed in accordance with he appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.1. Staple fasteners in Table 2340.10.1 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official. (b) Wood Used in Retaining Wall and Cribs. Amend Section 2304.12.85 of the California Building Code to read as follows:
2304.12.85 Wood Used in Retaining Walls and Cribs. Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F. (c) Quality of Nails. Section 2305.4 2304.10.3.1 is added to Chapter 23 of the California Building Code to read as follows:
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Packet Pg. 599 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 84 2305.4 2304.10.3.1 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails. (d) Hold-Down Connectors. Section 2305.54 is added to Chapter 23 of the California Building Code to read as follows:
2305.45 Hold-Down Connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size.
Hold-down connectors shall be tightened to finger tight plus one-half (1/2) wrench turn just prior to covering the wall framing.
(e) Wood-Frame Diaphragms. Amend Section 2306.2 of the California Building Code to read as follows:
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Packet Pg. 600 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 85 2306.2 Wood-Frame Diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitationso f AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the Building Official.
The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.
Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.
Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
(f) Wood Frame Shear Walls. Amend Section 2306.3 and Section 2307.2 of the California Building Code to read as follows:
2306.3 Wood-Frame Shear Walls. Wood-frame shear walls shall be designed and constructed in accordance with AF&PA SDPWS. For structures assigned to Seismic
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Packet Pg. 601 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 86 Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:
1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).
Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the bBuilding oOfficial.
3. Nails shall be placed not less than 1/2-inch in from the panel edges and not less than 3/8-inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4-inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
4. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.
For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building.
Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
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Packet Pg. 602 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 87 Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the Building Official.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS. 2307.2 Wood-Frame Shear Walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable. (g) Braced Wall Line Support. Amend Section 2308.6.8.1 of the California Building Code to read as follows:
2308.6.8.1 Foundations. Braced wall lines shall be supported by continuous foundations. For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.
Exception: For structures with a maximum plan dimension not more than 50 feet (15240mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.
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Packet Pg. 603 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 88 (h) Alternative Bracing. Amend Sections 2308.6.5.1 and Figure 2308.6.5.12 of the California Building Code to read as follows:
2308.6.5 Alternative bracing. An alternate braced wall (ABW) or a portal frame with hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219 mm) braced wall panel of Method DWB, WSP, SFB, PBS, PCP or HPS. For Method GB, each 96-inch (2438 mm) section (applied to one face) or 48-inch (1219 mm) section (applied to both faces) or portion thereof required by Table 2308.6.1 is permitted to be replaced by one panel constructed in accordance with Method ABW or PFH. 2308.6.5.1 Alternate braced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimumthickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.1 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points.
Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The hold10.E.b Packet Pg. 604 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 89 down device shall be installed in accordance with the manufacturer’s recommendations.
The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13,344 N).
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Packet Pg. 605 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 90 FIGURE 2308.6.5.1
ALTERNATE BRACED WALL PANEL (ABW)
2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full-length header.
In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 24 of Table 2304.10.1 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift
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Packet Pg. 606 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 91 capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15570 N).
Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a holddown device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).
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Packet Pg. 607 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 92 FIGURE 2308.6.5.2
PORTAL FRAME WITH HOLD-DOWNS (PFH)
(i) Braced Wall Sheathing. Table 2308.6.1 of the 201922 Edition of the California Building Code are amended to read as follows:
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Packet Pg. 608 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 93 10.E.b
Packet Pg. 609 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 94 (j) Attachment of Sheathing. Amend Section 2308.6.9 of the California Building Code to read as follows:
2308.6.9 Attachment of Sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.21. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.29.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the Building Official.
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6,096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24-inch (6,096 mm) intervals along the top plate of discontinuous vertical framing. (k) Retaining Walls. Section 1807.2 of the California Building Code is amended to read as follows:
1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.3. Retaining walls over 4’ in height assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood.
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Packet Pg. 610 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 95 8.12.150 Swimming pools, spas, hot tubs, and ponds.
(a) Fencing Regulations.
(1) Standards for New Enclosures. Every person, firm or corporation owning land on which there is situated a swimming pool, spa, hot tub, pond or other body of water which contains water eighteen inches or more in depth at any point shall completely surround such body of water or property with a fence, wall or other structure not less than five feet above the adjacent grade at all places and with no opening therein more than four inches in maximum dimensions. Any gate in such fence shall have a latch at least five feet above the underlying ground and such gate shall be self-closing and secured when adults are not present.
(2) Existing Enclosures. Every person, firm or corporation owning land on which there is situated a swimming pool, pond or other body of water which contains water eighteen inches or more in depth at any point shall completely surround such body of water or property with a fence, wall or other structure not less than four and one-half feet above the adjacent grade at all places and with no opening therein more than four inches in maximum dimensions. Any gate in such fence shall have a latch at least four and onehalf feet above the underlying ground and such gate shall be self-closing and secured when adults are not present.
For the purposes of this Section, existing enclosures are those enclosures that were constructed under valid permit issued prior to July 1, 1999. (3) Requirements for Nonconforming Enclosures. When an existing pool enclosure is replaced or repaired in excess of fifty percent of its length, the enclosure
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Packet Pg. 611 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 96 shall be made to conform to all of the requirements for a new enclosure under prevailing law.
(4) Applicability of Other Codes and Laws. The provisions of this Section are in addition to the pool enclosure requirements for public or private pools as required in Chapter 31 B of the California Building Code.
When conflicting provisions or requirements occur between the provisions of this Section, the Technical Codes, and other codes or laws, the most restrictive provisions or requirements shall govern.
(b) Pool Water Clarity. The re-circulation and purification system of any swimming pool, fish pond or any other body of water shall be operated and maintained so as to keep the water in such pool or other body of water clean and of reasonable clarity.
The following standards shall be used to define reasonable clarity of the water in such pool, pond or body of water:
A painted black disk, six inches in diameter on a twelve-inch by twelve-inch white tile, placed at the bottom of the pool at its deepest point, shall be clearly visible from the sidewalks around the pool from all distances up to ten yards from such disk, or the water shall be determined to not be of reasonable clarity.
8.12.160 Shipping Container Section 3114 is added; and Section 202, Section 3101.1 and Chapter 35 of the California Building Code are amended to read as follows:
SECTION 202
DEFINITIONS
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Packet Pg. 612 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 97 INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.
SECTION 3101
GENERAL
3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.
SECTION 3114
INTERMODAL SHIPPING CONTAINERS
3114.1 General. The provisions of Section 3114 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.
Exceptions:
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Packet Pg. 613 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 98 1. Stationary storage battery arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.
2. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.
3. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3114 provided they comply with all of the following:
3.1. Single-unit stand-alone intermodal shipping containers shall be supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5;
3.2. Single-unit stand-alone intermodal shipping containers shall be located a minimum of 8 feet from adjacent structures and are not connected to a fuel gas system or fuel gas utility; and
3.3. In hurricane-prone regions and flood hazard areas, single-unit standalone intermodal shipping containers are designed in accordance with the applicable provisions of Chapter 16.
4. Intermodal shipping containers approved as temporary structures complying with Section 3103.
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Packet Pg. 614 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 99 5. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3114.
3114.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components, and wood floor components, of the intermodal shipping container in addition to the information required by Sections 107 and 1603.
3114.3 Intermodal shipping container information. Intermodal shipping containers shall bear the manufacturer’s existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.
1. Manufacturer’s name or identification number
2. Date manufactured
3. Safety approval number
4. Identification number
5. Maximum operating gross mass or weight (kg) (lbs)
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Packet Pg. 615 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 100
6. Allowable stacking load for 1.8G (kg) (lbs)
7. Transverse racking test force (Newtons)
8. Valid maintenance examination date
Where approved by the building official, the markings and manufacturer’s existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures. 3114.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.
3114.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4. 3114.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.
Exception: Single-unit stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.
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Packet Pg. 616 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 101
3114.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715. 3114.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section. 3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23. 3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.
3114.8.2 Welds. All new welds and connections shall be equal to or greater than the original connections.
3114.8.3 Openings in containers. Where openings are made in container walls, floors, and roofs for doors, windows and other similar openings:
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Packet Pg. 617 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 102
1. The openings shall be framed with steel elements that are designed in accordance with Chapter 16 and Chapter 22.
2. The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.
3114.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.
Exception: Intermodal shipping containers that meet the limitation of Section 3114.8.5.1 and designed in accordance with the simplified procedure in Section 3114.8.5.
3114.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test. 3114.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with one of the following:
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Packet Pg. 618 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 103
1. Where all or portions of the intermodal shipping container sides are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the ASCE 7 Table 12.2-1 requirements for lightframe bearing-wall systems with shear panels of all other materials,
2. Where portions of intermodal shipping container sides are retained, but are not considered to be the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7 Table 12.2-1, or
3. Where portions of the intermodal shipping container sides are retained and integrated into a seismic force-resisting system other than as permitted by Section 3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or 12.2.1.2.
3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls and end walls shall be demonstrated by testing and analysis accordance with Section 104.11. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis. 3114.8.5 Simplified structural design procedure of single-unit containers.
Single-unit intermodal shipping containers conforming to the limitations of Section
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Packet Pg. 619 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 104
3114.8.5.1 shall be permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.
3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following limitations:
1. The intermodal shipping container shall be a single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.
2. The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.
3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.
3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single-unit stand-alone intermodal shipping containers shall be designed using the following assumptions for the side walls and end walls:
1. The appropriate detailing requirements contained in Chapters 16 through
23. 2. Response modification coefficient, R = 2,
3. Over strength factor, Ω0 = 2.5,
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Packet Pg. 620 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) 105
4. Deflection amplification factor, Cd = 2, and
5. Limits on structural height, hn = 9.5 feet (2900 mm). 3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3114.8.5.2 shall be in accordance with Table 3114.8.5.3, provided that all of the following conditions are met:
1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3114.8.5.3(1).
2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force-resisting system, as shown in Figure 3114.8.5.3(2).
3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3114.8.5.3(3).
4. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm2) for electrical boxes, is permitted for each individual 8 feet
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length (2438 mm) lateral force resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3114.8.5.3(4).
5. End wall door or doors designated as part of the lateral force-resisting system shall be welded closed.
TABLE 3114.8.5.3
ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER
SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
CONTAINER
DESIGNATION 2
CONTAINER
DIMENSION
(Nominal Length)
CONTAINER
DIMENSION
(Nominal Height)
ALLOWABLE SHEAR VALUES
(PLF) 1,3
Side Wall End Wall
1EEE 45 feet (13.7 M) 9.5 feet (2896 mm) 75
843
1EE 8.6 feet (2591 mm)
1AAA
40 feet (12.2 M)
9.5 feet (2896 mm)
84 1AA 8.5 feet (2592 mm)
1A 8.0 feet (2438 mm)
1AX <8.0 feet (2483 mm)
1BBB
30 feet (9.1 M)
9.5 feet (2896 mm)
112 1BB 8.5 feet (2591 mm)
1B 8.0 feet (2438 mm)
1BX <8.0 feet (2438 mm)
1CC
20 feet (9.1 M)
8.5 feet (2591 mm)
1C 8.0 feet (2438 mm) 168
1CX <8.0 feet (2438 mm)
1. The allowable strength for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.
2. Container designation type is derived from ISO 668.
3. Limitations of Sections 3114.8.5.1 and 3114.8.5.3 shall apply.
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FIGURE 3114.8.5.3(1)
Bracing Unit Distribution – Maximum Linear Length
FIGURE 3114.8.5.3(2)
Bracing Unit Distribution – Minimum Linear Length
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FIGURE 3114.8.5.3(3)
Bracing Unit Distribution – Boundary Elements
FIGURE 3114.8.5.3(4)
Bracing Unit Distribution – Penetrating Limitations
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CHAPTER 35
REFERENCED STANDARDS
ISO International Organization for Standardization
ISO Central Secretariet
1 ch, de la Voie-Creuse, Casa Postale 566
CH-1211 Geneva 20, Switzerland
Standard Reference
Number
Title Referenced in code section
number
ISO 1496-1:2013 Series 1 Freight Containers – Specification and Testing – Part 1:
General Cargo Containers for General Purposes
3114.8, Table 3114.8.5.3
ISO 6346:1995, with
Amendment 3: 2012
Freight Containers – Coding, Identification and marking 3114.3 ISO 668:2013 Series 1 Freight Containers – Classifications, dimensions and ratings.
Table 3114.8.5.3
3115.1 General. The provisions of Section 3115 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.
Exceptions:
1. Intermodal shipping containers previously approved as existing relocatable buildings complying with Chapter 14 of the California Existing Building Code.
2. Stationary battery storage arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.
3. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular data centers, and other similar equipment.
4. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3115, provided they comply with all of the following:
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4.1. Such units will be single stand-alone units supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5.
4.2. Such units are located a minimum of 8 feet (2438 mm) from adjacent structures, and are not connected to a fuel gas system or fuel gas utility.
4.3. In hurricane-prone regions and flood hazard areas, such units are designed in accordance with the applicable provisions of Chapter 16.
5. [HCD] Shipping containers constructed or converted off-site that meet the definition of Factory-built Housing in Health and Safety Code Section 19971 or Commercial Modular(s) as defined in Health and Safety Code Section 18001.8 shall be approved by the Department of Housing and Community Development.
6. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3115.
3115.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components and wood floor components of the intermodal shipping container, in addition to the information required by Sections 107 and 1603.
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3115.3 Intermodal shipping container information. Intermodal shipping containers shall bear an existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.
1. Manufacturer’s name or identification number.
2. Date manufactured.
3. Safety approval number.
4. Identification number.
5. Maximum operating gross mass or weight (kg) (lbs).
6. Allowable stacking load for 1.8G (kg) (lbs).
7. Transverse racking test force (Newtons).
8. Valid maintenance examination date.
Where approved by the building official, the markings and existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.
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79 | P a g e
3115.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.
3115.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4. 3115.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.
Exception: Single-unit, stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures. 3115.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715. 3115.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section. 3115.8.1 Foundations and supports. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through
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3115.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16. 3115.8.1.2 Stacking. Intermodal shipping containers used to support stacked units shall comply with Section 3115.8.4.
3115.8.2 Welds. The strength of new welds and connections shall be no less than the strength provided by the original connections. All new welds and connections shall be designed and constructed in accordance with Chapters 16, 17 and 22. 3115.8.3 Structural design. The structural design of the intermodal shipping containers repurposed for use as a building or structure, or as part of a building or structure, shall comply with Section 3115.8.4 or 3115.8.5.
3115.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.
Exception: Structures using an intermodal shipping containers designed in accordance with Section 3115.8.5.
3115.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by Section 2202. 3115.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with ASCE 7 and one of the following:
1. Where all or portions of the profiled steel panel elements are considered to be the seismic force-resisting system, design and detailing shall be in accordance with AISI
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S100 and ASCE 7, Table 12.2-1 requirements for steel systems not specifically detailed for seismic resistance, excluding cantilevered column systems.
2. Where all or portions of the profiled steel panel elements are not considered to be part of the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7, Table 12.2-1, or
3. Where all or portions of the profiled steel panel elements are retained and integrated into a seismic force-resisting system other than as permitted by Section 3115.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7, Section 12.2.1.1 or 12.2.1.2. 3115.8.4.3 Allowable shear value. The allowable shear values for the profiled steel panel side walls and end walls shall be determined in accordance with the design approach selected in Section 3115.8.4.2. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.
3115.8.5 Simplified structural design procedure of single-unit containers. Single-unit intermodal shipping containers conforming to the limitations of Section 3115.8.5.1 shall be permitted to be designed in accordance with Sections 3115.8.5.2 and 3115.8.5.3. 3115.8.5.1 Limitations. Use of Section 3115.8.5 is subject to all the following limitations:
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1. The intermodal shipping container shall be a single-unit, stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.
2. The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.
3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.
4. The intermodal shipping container shall be located in Seismic Design Category A, B, C and D.
3115.8.5.2 Simplified structural design assumptions. Where permitted by Section 3115.8.5.1, single-unit stand-alone, intermodal shipping containers shall be designed using the following assumptions for the profiled steel panel side walls and end walls:
1. The appropriate detailing requirements contained in Chapters 16 through 23.
2. Response modification coefficient, R = 2.
3. Over strength factor, Ω0 = 2.5.
4. Deflection amplification factor, Cd = 2.
5. Limits on structural height, hn = 9.5 feet (2900 mm). 3115.8.5.3 Allowable shear value. The allowable shear values for the profiled steel panel side walls (longitudinal) and end walls (transverse) for wind design and seismic
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design using the coefficients of Section 3115.8.5.2 shall be in accordance with Table 3115.8.5.3, provided that all of the following conditions are met:
1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3115.8.5.3(1).
2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force-resisting system, as shown in Figure 3115.8.5.3(2).
3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3115.8.5.3(3). The existing door interlocking mechanism shall not be considered as a component of the required load path.
4. Where openings are made in container walls, floors or roofs, for doors, windows and other openings:
4.1 The opening shall be framed with steel elements that are designed in accordance with Chapters 16 and 22.
4.2 The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.
5. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm2) for
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electrical boxes, is permitted for each individual 8 feet (2438 mm) length of lateral forceresisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3115.8.5.3(4).
6. End wall door or doors designated as part of the lateral force-resisting system shall be intermittently welded closed around the full perimeters of the door panels.
TABLE 3115.8.5.3
ALLOWABLE SHEAR VALUES FOR PROFILED STEEL PANEL
SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
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FIGURE 3115.8.5.3(1)
Bracing Unit Distribution – Minimum Linear Length
FIGURE 3115.8.5.3(2)
Bracing Unit Distribution – Minimum Linear Length
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FIGURE 3115.8.5.3(3)
Bracing Unit Distribution – Boundary Elements
FIGURE 3115.8.5.3(4)
Bracing Unit Distribution – Penetrating Limitations
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SECTION 5. Chapter 8.18 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.18.010 Adoption.
That certain document entitled “California Existing Building Code, 201922 Edition,” which adopts by reference, portions of the International Existing Building Code, 20158 Edition, as published by the California Building Standards Commission and the International Code Council (excluding Sections 1.8.4 through 1.8.10, 1.9.2, Chapter 1, Division II, Sections 301.1.2 and 301.1.3, Sections 317 through 323, and Appendix Chapter A4) is hereby adopted as the Existing Building Code of the City of Santa Monica.
SECTION 6. Chapter 8.20 of the Santa Monica Municipal Code is hereby readopted and amended added to read as follows:
That certain document entitled “California Historical Building Code, 201922 Edition,” as published by the California Building Standards Commission and the International Code Council is hereby adopted as the Historical Building Code of the City of Santa Monica.
SECTION 7. Chapter 8.22 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.22.010 Adoption.
That certain document entitled “California Residential Code, 201922 Edition,” which adopts by reference the International Residential Code, 201821 Edition, as published by
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the California Building Standards Commission and the International Code Council (excluding Chapter 1, Division II, R313), including Chapter 1, Division I, Appendix H, Appendix J are hereby adopted with local amendments and provisions of this Chapter of the Santa Monica Municipal Code, as the Residential Code of the City of Santa Monica.
8.22.020 Local amendments to the California Residential Code.
Notwithstanding any provisions of the California Residential Code, California Building Standards Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
8.22.030 Residential structural provisions.
(a) Woodframe Structures. Amend Section R301.1.3.2 of the California Residential Code to read as follows:
R301.1.3.2 Woodframe Structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one-story and basement in height located in Seismic Design Category D0, D1, D2 or E. Notwithstanding other sections of the law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction
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more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
(b) Slopes Steeper than 33-1/3 Percent. Add Section R301.1.54 to the California Residential Code to read as follows:
R301.1.54 Seismic Design Provisions for Buildings Constructed On or Into Slopes Steeper Than One Unit Vertical In Three Units Horizontal (33.3 Percent Slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.96 of the California Building Code. (c) Irregular Buildings. Amend Items 1, 3, and 5 of Section R301.2.2.2.6 to the California Residential Code to read as follows:
R301.2.2.2.6.
1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required. When exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.
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23. When the end of a braced wall panel occurs over an opening in the wall below Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below.
35. When portions of a floor level are vertically offset Floor level offset. Conditions where portions of a floor level are vertically offset.
(d) Application. Amend Section R501.21 of the California Residential Code to read as follows:
R501.21 Application Requirements. Floor construction shall be capable of accommodating all loads in accordance with Section 301 and of transmitting the resulting loads to the supporting structural elements. The provision of this chapter shall control the design and construction of the floors for all buildings including the floors of attic spaces used to house mechanical or plumbing fixtures and equipment. Mechanical or plumbing fixtures and equipment shall be attached (or anchored) to the structure in accordance with Section R301.2.2.11.
(e) Equipment Anchorage. Section R301.2.2.11 is added to Chapter 3 of the California Residential Code to read as follows:
R301.2.2.11 Anchorage of Mechanical, Electrical, or Plumbing Components and Equipment. Mechanical, electrical, or plumbing components and equipment shall be
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anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the International Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either:
1. The component weighs 400 lb. (1,780 N) or less and has a center of mass located 4 ft. (1.22 m) or less above the supporting structure; or
2. The component weighs 20 lb. (89 N) or less or, in the case of a distributed system, 5 lb./ft. (73 N/m) or less.
(f) Openings in Horizontal Diaphragms. Add Section R503.2.4 to Chapter 5 of the California Residential Code to read as follows:
R503.2.4 Openings in Horizontal Diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.
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Figure R503.2.4
Openings in Horizontal Diaphragms
a. Blockings shall be provided beyond headers.
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa). c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.
(g) Bracing Requirement. Amend Table R602.10.3(3) of the California Residential Code to read as follows:
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For SI: 1 inch = 25.4 mm, 1 foot = 305 mm, 1 pound per square foot = 0.0479 kPa. a. Linear interpolation shall be permitted.
b. Wall bracing lengths are based on a soil site class “D.” Interpolation of bracing length between the SDS values associated with the Seismic Design Categories
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shall be permitted when a site-specific SDS value is determined in accordance with Section 1613.32 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less and the amount of bracing within each segment shall be in accordance with this table.
d. Method LIB shall have gypsum board fastened to at least one side with nails or screws per Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board. Spacing of fasteners at panel edges shall not exceed 8 inches. e. Method CS-SFB does not apply in Seismic Design Categories D0, D1 and D2. f. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1, or D2. Methods DWB, SFB, PBS, and HPS are not permitted in SDC D0, D1, or D2.
(h) Bracing Methods. Amend Table R602.10.4 of the California Residential Code to read as follows:
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For SI: 1 inch = 25.4 mm, 1 foot = 305 mm, 1 degree = 0.0175 rad, 1 pound per square foot = 47.8 N/m2, 1 mile per hour = 0.447 m/s.
a. Adhesive attachment of wall sheathing, including Method GB, shall not be permitted in Seismic Design Categories C, D0, D1, and D2. b. Applies to panels next to garage door opening when supporting gable end wall or roof load only. May only be used on one wall of the garage. In Seismic Design Categories D0, D1, and D2., roof covering dead load may not exceed 3 psf.
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c. Garage openings adjacent to a Method CS-G panel shall be provided with a header in accordance with Table R502.5(1). A full height clear opening shall not be permitted adjacent to a Method CS-G panel.
d. Method CS-SFB does not apply in Seismic Design Categories D0, D1, and D2 and in areas where the wind speed exceeds 100 mph.
e. Method applies to detached one- and two-family dwellings in Seismic Design Categories D0 through D2 only.
f. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1, or D2. Methods LIB, DWB, SFB, PBS, HPS, and PFG are not permitted in SDC D0, D1, or D2.
g. Use of staples in braced wall panels shall be prohibited in SDC D0, D1, or D2. (i) Alternate Braced Wall Panel. Amend Figure R602.10.6.1 of the California Residential Code to read as follows:
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(j) Portal Frame. Amend Figure R602.10.6.2 of the California Residential Code to read as follows:
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(k) Minimum Length of Braced Wall Panels. Table R602.10.5 of the California Residential Code is amended to read as follows:
METHOD
(See Table R602.10.4)
MINIMUM LENGTHa
(inches)
CONTRIBUTING LENGTH
Wall Height (inches)
8 feet 9 feet 10 feet 11 feet 12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP 48 48 48 53 58 Actualb GB 48 48 48 53 58 Double sided = Actual
Single sided = 0.5 × Actual
LIB 55 62 69 NP NP Actualb
ABW
SDC A, B and C, ultimate
design
wind speed < 140 mph
28 32 34 38 42
48 SDC D0, D1 and D2, ultimate
design
wind speed < 140 mph
32 32 34 NP NP
CS-G 24 27 30 33 36 Actualb
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CS-WSP, CS-SFB
Adjacent clear opening height
(inches)
≤ 64 24 27 30 33 36
Actualb
68 26 27 30 33 36
72 27 27 30 33 36
76 30 29 30 33 36
80 32 30 30 33 36
84 35 32 32 33 36
88 38 35 33 33 36
92 43 37 35 35 36
96 48 41 38 36 36
100 — 44 40 38 38
104 — 49 43 40 39
108 — 54 46 43 41
112 — — 50 45 43
116 — — 55 48 45
120 — — 60 52 48
124 — — — 56 51
128 — — — 61 54
132 — — — 66 58
136 — — — — 62
140 — — — — 66
144 — — — — 72
METHOD
(See Table R602.10.4)
Portal header height
8 feet 9 feet 10 feet 11 feet 12 feet
PFH Supporting roof only 16 24 16 24 16 24 Note c Note c 48 Supporting one story and roof 24 24 24 Note c Note c
PFG 24 27 30 Note d Note d 1.5 × Actualb
CS-PF SDC A, B and C 16 18 20 Note e Note e 1.5 × Actualb SDC D0, D1 and D2 16 24 18 24 20 24 Note e Note e Actualb For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s.
NP = Not Permitted.
a. Linear interpolation shall be permitted.
b. Use the actual length where it is greater than or equal to the minimum length. c. Maximum header height for PFH is 10 feet in accordance with Figure R602.10.6.2, but wall height shall be permitted to be increased to 12 feet with pony wall.
d. Maximum header height for PFG is 10 feet in accordance with Figure R602.10.6.3, but wall height shall be permitted to be increased to 12 feet with pony wall.
e. Maximum header height for CS-PF is 10 feet in accordance with Figure R602.10.6.4, but wall heightshall be permitted to be increased to 12 feet with pony wall.
(l) Braced Wall Panel. Section R602.10.2.3 of the California Residential Code is amended to read as follows:
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R602.10.2.3 Minimum Number of Braced Wall Panels. Braced wall lines with a length of 16 feet (4,877 mm) or less shall have a minimum of two braced wall panels of any length or one braced wall panel equal to 48 inches (1,219 mm) or more. Braced wall lines greater than 16 feet (4,877 mm) shall have a minimum of two braced wall panels. No braced wall panel shall be less than 48 inches in length in In Seismic Design Category D0, D1, or D2., no braced wall panel shall have a contributing length less than 48 inches in length or as required in Section $602.10.3, whichever is greater. (m) Method CS-PF. Amend Figure R602.10.6.4 of the California Residential Code to read as follows:
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_____________________________________________________________________
FRONT ELEVATION SECTION
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For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
FIGURE R602.10.6.4
METHOD CS-PF-CONTINUOUSLY SHEATHED PORTAL FRAME PANEL
CONSTRUCTION
(n) Braced Wall Panel. Delete Section R602.10.9.1 of the California Residential Code.
(on) Additional Requirements. Add Section R803.2.4 to Chapter 8 of the California Residential Code to read as follows:
R803.2.4 Openings in Horizontal Diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.
(po) Parapet Walls. Section R606.4.4 of the California Residential Code is amended to read as follows:
R606.4.4 Parapet Walls. Unreinforced solid masonry parapet walls shall not be less than 8 inches (203 mm) thick and their height shall not exceed four times their thickness.
Unreinforced hollow unit masonry parapet walls shall be not less than 8 inches (203 mm) thick, and their height shall not exceed three times their thickness. Masonry parapet walls in areas subject to wind loads of 30 pounds per square foot (1.44 kPa) or located in
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Seismic Design Category D0, D1, or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12. (qp) Masonry Elements. Section R606.12.2.2.3 of the California Residential Code is amended to read as follows:
R606.12.2.2.3 Reinforcement Requirements for Masonry Elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(23) and in accordance with the following:
1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1,219 mm). Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.
2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1,219 mm). Vertical reinforcement shall be within 8 inches (203 mm) of the ends of masonry walls.
8.22.050 Residential foundations.
(a) Foundation Application. Amend Section R401.1 of the California Residential Code to read as follows:
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R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2(1) shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm).
Wood foundations in Seismic Design Category D0, D1 or D2 shall not be permitted.
Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches. (b) Continuous Footings. Sections R403.1.2, R403.1.3.6 and R403.1.5 of the California Residential Code are amended to read as follows:
R403.1.2 Continuous Footing in Seismic Design Categories D0, D1 or D2. Exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. All required interior
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braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 shall be supported on continuous foundations.
R403.1.3.6 Isolated Concrete Footings. In detached one- and two-family dwellings located in Seismic Design Category A, B, or C, that are three stories or less in height, and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.
403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).
For structures located in Seismic Design Categories D0, D1 or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.
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FIGURE R403.1.5
STEPPED FOOTING
(c) Wood Foundation Walls. Amend Section R404.2 of the California Residential Code to read as follows:
R404.2 Wood Foundation Walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details show in figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2.
8.22.060 Residential concrete and masonry chimneys.
(a) Vertical Reinforcing. Amend Section R1001.3.1 of the California Residential Code to read as follows:
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R1001.3.1 Vertical Reinforcing. For chimneys up to 40 inches (1,016 mm) wide, four No. 4 continuous vertical bars adequately anchored into the concrete foundation shall be placed between wythes of solid masonry or within the cells of hollow unit masonry and grouted in accordance with Section R606. Grout shall be prevented from bonding with the flue liner so that the flue liner is free to move with thermal expansion. For chimneys more than 40 inches (1,016 mm) wide, two additional No. 4 vertical bars adequately anchored into the concrete foundation shall be provided for each additional flue incorporated into the chimney or for each additional 40 inches (1,016 mm) in width or fraction thereof.
8.22.080 Residential wood construction.
(a) Fastener Schedule. Amend Lines 19, 20, 23, and 33 - 36 20, 21, 24 and 34-37 of Table R602.3(1) of the California Residential Code to read as follows:
ITEM DESCRIPTION OF BUILDING ELEMENTS NUMBER AND TYPE OF FASTENERa, b, c SPACING AND
LOCATION
19 k 1" × 6" sheathing to each bearing
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" × 0.131"); or
2-10d box (3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4" long
Face nail
20 k 1" × 8" and wider sheathing to each bearing
3-8d box (21/2" × 0.113"); or
3-8d common (21/2" × 0.131"); or
3-10d box (3" × 0.128"); or
3 staples, 1" crown, 16 ga., 13/4" long
Wider than 1" × 8" Face nail
4-8d box (21/2" × 0.113"); or
3-8d common (21/2" × 0.131"); or
3-10d box (3" × 0.128"); or
4 staples, 1" crown, 16 ga., 13/4" long
Floor
23 k 1" × 6" subfloor or less to each joist
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" × 0.131"); or
3-10d box (3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4" long
Face nail
Other wall sheathingg
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33 k 1
/2" structural cellulosic fiberboard
sheathing
11/2" galvanized roofing nail, 7/16" head diameter,
or 11/4" long 16 ga. staple with 7/16" or 1" crown 3 6
34 k 25/32" structural cellulosic
fiberboard sheathing
13/4" galvanized roofing nail, 7/16" head diameter,
or 11/2" long 16 ga. staple with 7/16" or 1" crown 3 6
35 k 1
/2" gypsum sheathingd 11/2" galvanized roofing nail; staple galvanized, 11/2" long; 11/4" screws, Type W or S 7 7
36 k 5
/8" gypsum sheathingd 13/4" galvanized roofing nail; staple galvanized, 15/8" long; 15/8" screws, Type W or S 7 7
TABLE R602.3(1)—continued
FASTENING SCHEDULE
a. Nails are smooth-common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing connections shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters of 0.142 inch or less.
b. Staples are 16 gage wire and have a minimum 7/16-inch on diameter crown width. c. Nails shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater. d. Four-foot by 8-foot or 4-foot by 9-foot panels shall be applied vertically. e. Spacing of fasteners not included in this table shall be based on Table R602.3(2). f. For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of roof edges and ridges, nails shall be spaced at 6 inches on center where the ultimate design wind speed is less than 130 mph and shall be spaced 4 inches on center where the ultimate design wind speed is 130 mph or greater but less than 140 mph. g. Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with GA 253. Fiberboard sheathing shall conform to ASTM C208.
h. Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing members or solid blocking.
TABLE R602.3(1)—continued FASTENING SCHEDULE
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For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s; 1 ksi = 6.895 MPa. (b) Alternate Attachment. Amend footnote “b” of Table R602.3.2(2) and Section R602.3.2 of the California Residential Code to read as follows:
b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1 or D2.
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R602.3.2 Exception: In other than Seismic Design Category D0, D1 or D2, a single top plate used as an alternative to a double top plate shall comply with the following:
1. The single top plate shall be tied at corners, intersecting walls, and at in-line splices in straight wall lines in accordance with Table R602.3.2.
2. The rafters or joists shall be centered over the studs with a tolerance of not more than 1 inch (25mm)
3. Omission of the top plate is permitted over headers where the headers are adequately tied to adjacent wall sections in accordance with Table R602.3.2.
SECTION 8. Chapter 8.24 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.24.010 Adoption.
That certain document entitled “California Electrical Code, 201922 Edition,” which adopts by reference the National Electrical Code, 201820 Edition, as published by the California Building Standards Commission and the National Fire Protection Association including Article 89, Informative Annex C, Informative Annex F, are hereby adopted with
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the local amendments and provisions of this Chapter, as the Electrical Code of the City of Santa Monica.
8.24.020 Local amendments to the California Electrical Code.
Notwithstanding any provisions of the California Electrical Code, California Building Standards Code, or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
8.24.040 Electrical appliances, devices, materials and equipment regulations. (a) Use of Approved Materials. No person, firm or corporation shall use any electrical material, device, appliance or equipment, designed or intended for attachment, directly or indirectly, to any electrical system, circuit or electrical service for light, heat or power in the City unless such electrical material, device, appliance or equipment complies with the provisions of this Chapter. The Building Officer is hereby empowered to enforce the provisions of this Chapter.
(b) Rating. All electrical materials, devices, appliances, or equipment designed or intended for attachment, directly or indirectly, to any electrical system, circuit or electrical service for light, heat or power, shall be only those that conform with the requirements of this Chapter. Each such article shall bear or contain the makers name, trademark or identification symbol, together with such rating by the manufacturer as may be necessary to determine the intended use. The correct operating voltage, amperage and total watts shall be stated and no person shall remove, alter, deface or obliterate any such marking.
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(c) Revocation. Any approval granted by the Building Officer may be revoked if the electrical material, device, appliance, or equipment is found to be hazardous, unsuitable for the purpose used or intended, or does not conform with the standards under which it was approved for use.
(d) Exceptions. The provisions of this Chapter shall not be deemed to apply to:
(1) Safe, substantial, used or second-hand devices or appliances, provided that all parts or equipment used in rebuilding or reconstruction shall conform in all particulars with the National Standards for such article, and provided further, that such articles shall have the same degree of safety to life and property as may then be required in a new article of the same type.
(2) Electrical materials, devices, appliances and equipment which are safe and suitable for the purpose used or intended, provided such materials, devices, appliances and equipment are already fully covered and regulated by existing laws and ordinances now in effect.
(3) Vehicles or motor vehicle equipment.
(4) Industrial or commercial appliances which are to be used in a specific location, and which have been submitted to a recognized laboratory for approval as conforming to the standards required hereof but on which final approval is still pending; provided, however, that exemption from the provisions of this Code shall be granted separately for each appliance only when satisfactory written evidence has been filed that laboratory approval has been applied for, and shall continue in force only during such time as the
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Building Officer has reason to believe that the testing laboratory will grant final approval certifying compliance to the prescribed standards.
8.24.050 Used materials.
Previously used materials shall not be re-used in any work without the advance approval of the Building Officer.
8.24.090 Protection of metallic enclosures in a marine environment.
Where a metallic enclosure is installed outdoors within 402.4 meters (0.25 miles) from the mean shoreline, the enclosure shall have adequate protection against severe corrosive influences.
SECTION 9. Chapter 8.28 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.28.010 Adoption.
That certain document entitled “California Mechanical Code, 201922 Edition,” which adopts by reference the Uniform Mechanical Code, 201821 Edition, as published by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials, (excluding Sections 106.1, 106.2, 106.3, 106.4, 106.8, 106.9, 108, 109, 110 through 118), including Chapter 1, Division I), including Chapter 1, Division II, Sections 101, 102, 103, 104, 105, 106.5 through 106.7, 107, Appendices B, C, D, are hereby adopted as the Mechanical Code of the City of Santa Monica.
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SECTION 10. Chapter 8.32 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.32.010 Adoption.
That certain document entitled “California Plumbing Code, 201922 Edition,” which adopts by reference the Uniform Plumbing Code, 201821 Edition, as published by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials (excluding Sections 103.0, 104.0, 105.1, 105.2, 105.4, 106.1, 106.2, 106.3, 106.4, 107.0, Table 104.5), including Chapter 1, Division I), including Chapter 1, Division II, Sections 101.0, 102.0, 105.3, 106.5, 106.6, Appendices A, B, D, G, H, K, I, M, N, are hereby adopted with the local amendments and provisions of this Chapter, as the Plumbing Code of the City of Santa Monica.
8.32.020 Local amendments to the California Plumbing Code.
Notwithstanding any provisions of the California Plumbing Code, California Building Standards Code, or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
8.32.040 Water softener using dry wells for discharge.
Water softener systems using dry wells for the discharge of effluents are prohibited, except for systems with regeneration cycles discharging quantities of total dissolved solids that do not exceed those stipulated in the water quality objectives set by the Regional Water Quality Control Board.
8.32.070 Seismic gas shutoff devices.
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(a) Purpose. The purpose of this Section is to reduce the risks of fires caused by leaks in fuel gas piping caused from earthquakes by use of earthquake-actuated automatic gas shutoff systems.
(b) Scope. The provisions of this section shall apply to:
(1) Any new building, structure or mobilehome park with fuel gas piping, for which an application for permit for construction was first submitted on or after January 1, 2008. (2) Any existing building or structure or mobilehome park with fuel gas piping for which an application for alteration or addition is submitted on or after January 1, 2008, when such alteration or addition is valued at more than ten thousand dollars. (3) Any existing building or structure or mobilehome park with fuel gas piping on or after January 1, 2008 for which an agreement for sale or exchange was first entered into. (4) Any replacement in part or whole of an existing fuel gas service from utility owned meter to the point of entry into the building or structure. (c) Definitions. For the purpose of this Section, certain terms, phrases, words and their derivatives shall be construed as specified in this Section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used.
(1) Agreement of sale or exchange shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.
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(2) Customer-owned gas piping means all parts of the gas piping system downstream of the gas utility point of delivery, including, but not limited to, downstream of the gas utility meter and service tee (also known as a bypass tee).
(3) Application for permit means a written document submitted to the City in order to obtain a permit to erect, construct, enlarge, alter, repair, move, improve, convert or remove a portion of any building, structure or building service equipment including but not limited to combination building permits and single trade permits. (4) Seismic gas shutoff device means a seismic gas shutoff device installed on customer-owned gas piping certified by the State Architect pursuant to Section 19202 of the Health and Safety Code. Notwithstanding any other provision of law, “seismic gas shutoff device” does not include any device installed on a gas distribution system owned or operated by a public utility.
(d) Duty to Install and Maintain Device. The owner of any building, structure or mobilehome park subject to the provisions of this Section shall obtain a permit, install and maintain a seismic gas shutoff device on the customer owned gas piping when one of the triggering events specified in subsection (b) of this Section occurs. (1) For agreement of sale or exchange or qualifying alterations or additions to individual condominium units, the owner of the individual condominium shall obtain a permit, install and maintain a seismic gas shutoff device on the portion of the customer owned gas piping that serves the individual condominium unit if such a device does not exist on the customer owned gas piping that serves the entire building.
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(2) Seismic gas shutoff devices installed prior to January 1, 2008 on either customer owned gas piping or on a gas distribution system owned or operated by a public utility are deemed to comply with the requirements of this Section provided they remain installed and maintained according to the terms of their original approval. (e) Unreasonable Hardship. The Building Officer may grant exceptions to the provisions of this Section when legal, physical or economic constraints will not allow compliance without creating an unreasonable hardship. Unreasonable economic hardship shall be deemed to exist when the Building Officer determines that the fair market value of the cost of installation of the seismic gas shutoff device exceeds twenty percent of the valuation of other alterations being proposed. (f) Effect on Sale and Exchange of Property. No sale or exchange of property shall be invalidated solely because of the failure of any person to comply with any provision of this Section unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this Section. (g) Incentives. All such applications shall receive priority service as defined in Santa Monica Municipal Code Chapter 1.20.
SECTION 11. Chapter 8.36 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.36.010 Adoption.
That certain document entitled “201922 Building Energy Efficiency Standards — Standards for Residential and Nonresidential Buildings” which adopts Part 6 of Title 24
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and Part 1, Chapter 10 of Title 24 of the California Code of Regulations, as published by the California Building Standards Commission and the California Energy Commission, is hereby adopted as the Energy Code of the City of Santa Monica.
8.36.012 Local Amendments
Notwithstanding any provisions of the 2019 California Energy Code, 2019 California Green Building Standards Code, or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the local amendments to the Energy Code set forth in this Chapter shall apply.
8.36.015 Additional Definitions
In addition to definitions set forth in Section 100.1(b) of the 2019 California Energy Code, the following definitions shall apply:
(a) All-Electric Building or All-Electric Design. A building or building design that uses a permanent supply of electricity as the source of energy for space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances, and has no natural gas or propane plumbing installed in the building. (b) Certified Energy Analyst. A person who is certified by the California Association of Building Energy Consultants (CABEC) as a Certified Energy Analyst (CEA) and is in good standing with CABEC as of the date of submission of a Certificate of Compliance as required under Section 10-103 of the 2019 California Energy Code. A CEA in good standing is listed in the CABEC CEA Roster as “Active-Current.” (c) Mixed-Fuel Building or Mixed-Fuel Design. A building or building design that uses natural gas or propane as fuel for space heating, water heating (including pools and spas), cooking appliances or clothes drying appliances, or is plumbed for such equipment.
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8.36.020 Energy Efficiency and Solar Photovoltaic Requirements – Low-rise Residential Buildings
(a) All-Electric Buildings. All new all-electric low-rise residential buildings shall be designed to code established by the 2019 California Energy Code. (b) Mixed-Fuel Buildings. All new mixed-fuel low-rise residential buildings shall meet all requirements for mixed-fuel designs as specified for CalGreen Tier 1 under the 2019 California Green Building Standards Code, Title 24, Part 11, Appendix A4 Residential Voluntary Measures Division A4.203 –Performance Approach for Newly Constructed Buildings.
(c) Solar Photovoltaic Requirement. All new low-rise residential buildings shall have a photovoltaic (PV) system meeting the minimum qualification requirements as specified in Joint Appendix JA11 to the 2019 California Energy Code, with annual electrical output equal to or greater than the dwelling’s annual electrical usage as determined by Equation 150.1-C of the 2019 California Energy Code, using the CFA Dwelling Adjustment Factors for Climate Zone 6 from Table 150.1-C of the 2019 California Energy Code, as follows:
EQUATION 150.1-C ANNUAL PHOTOVOLTAIC ELECTRICAL OUTPUT:
kWPV = (CFA x 0.594)/1000 +(Ndwell x 1.23)
WHERE:
kWPV = kWdc size of the PV system
CFA = Conditioned floor area
Ndwell = Number of dwelling units
(d) Certified Energy Analyst Requirement. For all new low-rise residential buildings, the Certificate of Compliance described in Section 10-103 of the 2019 California Energy
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Code shall be prepared and signed by a Certified Energy Analyst (CEA) as the Documentation Author.
8.36.030 Energy Efficiency and Solar Photovoltaic Requirements – High-rise Residential, Non-residential, and Hotels and Motels Buildings (a) All-Electric Buildings. All new all-electric high-rise residential, nonresidential, and hotel and motel buildings shall be designed to code established by the 2019 California Energy Code.
(b) Mixed-Fuel Buildings.
(i) All new mixed-fuel non-residential buildings shall be designed to use ten percent less energy than the allowed energy budget established by the 2019 California Energy Code.
(ii) All new mixed-fuel high-rise residential and hotel and motel buildings shall be designed to use five percent less energy than the allowed energy budget established by the 2019 California Energy Code.
(c) Solar Photovoltaic Requirement. The minimum solar photovoltaic system required for all new high-rise residential, non-residential, and hotel and motel buildings is 2 watts per square foot of the building footprint.
(d) Certified Energy Analyst Requirement. For all new high-rise residential, nonresidential, and hotel and motel buildings, the Certificate of Compliance described in Section 10-103 of the 2019 California Energy Code shall be prepared and signed by a Certified Energy Analyst as the Documentation Author.
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(e) Exemptions. The Building Official may, at their discretion, waive or reduce the requirements set forth in this Section 8.36.030 for buildings that are uninhabitable and consist solely of unconditioned space.
SECTION 12. Chapter 8.40 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.40.010 Adoption.
That certain document entitled “California Fire Code, 201922 Edition,” which adopts by reference the International Fire Code, 201821 Edition, as published by the California Building Standards Commission and the International Code Council (excluding Section 10811 and Section 319), including Chapter 1, Division I, Chapter 1, Division II, Appendix Chapter 4, Appendices B, BB, C, CC, D, O, and the most recent referenced version, adopted by the State of California, of the National Fire Codes as published by the National Fire Protection Association, are hereby adopted with the local amendments and provisions of this Chapter, and with Chapter 8.44 of the Santa Monica Municipal Code, as the Fire Code of the City of Santa Monica.
8.40.020 Local amendments to the California Fire Code.
Notwithstanding any provisions of the California Fire Code, California Building Standards Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
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(a) Chapter 1, Section 105.5.546.51 of the California Fire Code is added to read as follows:
4. Temporary Sales Lots. An operational permit is required to operate a temporary sales lot, including but not limited to: Christmas Tree Lots and Pumpkin Patches. (b) Chapter 1, Section 1089.3.1 of the California Fire Code is added to read as follows:
1089.3.1 Submission of Records. Contractors, engineers, test companies, and licensed and/or certified testers who perform inspection, testing and/or maintenance services on fire protection and life safety systems and equipment within the City of Santa Monica are required to electronically submit all compliant and non-compliant reports to the Santa Monica Fire Department via a method approved by the Fire Marshal. (c) Chapter 5, Section 505.1.1 of the California Fire Code is added to read as follows:
505.1.1 Additional Requirements. Numbers shall be a minimum of 6 inches high for commercial structures and 4 inches high for interior suites, offices, rooms etc. and oneand two-family dwellings with a minimum stroke width of 0.5 inch. All buildings shall display the assigned address number so as to be visible from the street and alley upon which the address is based. Numbers shall be in contrast to their background.
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(d) Chapter 9, Section 901.11 of the California Fire Code is added to read as follows:
901.11 Problematic Systems and Systems Out of Service. In the event of a failure or a faulty fire-protection system or an excessive number of accidental activations, the Fire Chief is authorized to require the building owner or occupant to provide fire watch personnel until the system is repaired. The chief is authorized to require the building owner or occupant to provide a fire watch or vacate the building. (e) Chapter 9, Section 901.12 of the California Fire Code is added to read as follows:
901.12 Firewatch. The chief is authorized to require the building owner or occupant to provide a fire watch with personnel acceptable to the Fire Chief until documentation is provided that the system is repaired and is operational. Such individuals shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. (f) Chapter 9, Section 906.1 Portable Fire Extinguishers of the California Fire Code is hereby amended to read as follows:
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906.1 Where Required. Portable fire extinguishers shall be installed in the following locations.
1. In new and existing Group A, B, E, F, H, I, L, M, R-1, R-2, R-2.1, R-2.2, R-3.1, R4 and S occupancies.
2. Within 30 feet (9,144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 33156.1.
5. Where required by the section indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official.
7. Large and small family day-care homes shall be equipped with a portable fire extinguisher having a minimum 2-A:10-B:C rating.
8. Where required by California Code of Regulations, Title 19, Division 1.
9. Within 30 feet (9144mm) of domestic cooking equipment located in a Group I-2. (g) Chapter 10, Section 1031.1.1 of the California Fire Code is amended to read as follows:
10321.1.1 Pier. This section shall also apply to all areas of the Santa Monica Pier structure and include the surrounding area that provides exit access and discharge for the pier structure.
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(h) Chapter 56, Section 5601.1.3 of the California Fire Code is amended to read as follows:
5601.1.3 Fireworks. All fireworks shall be illegal in the City of Santa Monica including California State Fire Marshal “Safe and Sane” fireworks. No person shall possess, transport, sell, or offer for sale any such fireworks.
Exception:
1. Aerial public fireworks display as approved by City Council.
2. The use of fireworks for pyrotechnics special effects in motion picture, television, theatrical or group entertainment productions as authorized by State law.
3. Any use or transportation of fireworks by state or federal authorities pursuant to state or federal law.
(i) Chapter 56, Section 5601.7 of the California Fire Code is amended to read as follows:
5601.7 Seizure. The Fire Marshal or his or her designee or any peace officer may remove or cause to be removed, destroy or otherwise dispose, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this Chapter.
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SECTION 13. Chapter 8.44 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
8.44.010 Application.
Notwithstanding any provisions of the California Building Code, California Residential Code, California Fire Code, California Building Standards Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
8.44.020 Purpose.
The purpose of this Chapter is to promote public safety and welfare by reducing the cumulative impact of certain individual construction and building projects, each with an increased potential demand on the rescue and fire suppression resources of the community. The City Council establishes the policy of regulating both new and existing buildings in this class by requiring approved automatic fire extinguishing and detection systems, standpipes, fire resistive doors, and other construction to be provided in these structures at the time of their construction, conversion, alteration and maintenance so as to significantly reduce the potential demand from simultaneous incidents on emergency service resources.
8.44.030 Scope.
The provisions of this Chapter shall apply to all new and existing buildings within the City, as indicated below. Structures for which a building permit has been issued prior to November 1, 2002, shall be considered as existing buildings.
8.44.040 Definitions.
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For purposes of this Chapter, the following definitions shall apply:
(a) Full automatic fire sprinkler system means a system that meets the requirements of the Fire Code adopted by Chapter 8.40 of the Municipal Code. (b) Automatic fire detection alarm system means a system that complies with Santa Monica Fire Department requirements and is an approved arrangement of smoke, rate-of-rise, fixed temperature, or any other detector, which is approved for the use intended. The system shall alert all occupants of a building in case of fire and, when required by the Fire Chief, notify the Fire Department through Central Station Monitoring. (c) Fire alarm system means a system or portion of a system consisting of components and circuits arranged to monitor and annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
(d) False alarm means an activated fire alarm or fire alarm signal from any fire alarm system which is responded to by the Santa Monica Fire Department but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. False fire alarms, that qualify under this Section include:
(1) Alarm caused by improper installation or maintenance of the fire alarm system.
This includes missing backup batteries, loose connections; poorly installed or mounted smoke detectors near air vent or otherwise overly sensitive detection devices; (2) Alarm caused by construction and/or demolition to the fire alarm system; (3) Alarm caused by construction-related activities such as dust or painting operation;
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(4) Alarms caused by problematic or out-of-service fire alarm systems; (5) Alarms caused by failure of providing proper notification to the responsible parties (alarm company and fire dispatch) of a fire alarm system in repair, test; (6) Alarms caused by occupant or owner conducting a fire drill; (7) Alarm caused by a burglar alarm reported as a fire alarm by an alarm company; (8) Alarm for which there is no explanation. If a cause for the alarm cannot be identified—no pull station activated, smoke was not present, etc.—the alarm system will be assumed to have malfunctioned.
(e) Fiscal year means the period from and including July 1st of any year to and including June 30th of the following year.
(f) Owner means any person who owns the premises in which a fire alarm system is installed or the person or persons, who lease, operate, occupy or manage the premises.
The owner shall be responsible for the activation of a fire alarm system. This includes all occupancy classification as defined in the California Building and Fire Codes as adopted by the City of Santa Monica.
(g) Person means any individual, or entity, as defined in Section 1.12.150 of this Code.
8.44.050 Requirements for automatic fire extinguishing and protection sprinkler systems.
(a) When Required. An approved automatic fire sprinkler system shall be installed as set forth in this Chapter under the following conditions:
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(1) In all newly constructed buildings, without regard to floor area or area separation walls except detached one-story two-car residential garages (including minor accessory uses such as laundry areas or bathrooms under one hundred square feet) provided that the new garage is located a minimum of six feet away from any other building on the same lot.
(2) Throughout any existing building, when there is a change in occupancy classification to a more hazardous division, as shown in Table 8.44-A or as determined by the Fire Chief or the Fire Marshal.
TABLE 8.44-Al
DEGREE OF OCCUPANCY HAZARD
Rank Occupancy Class
1 Groups E and I
2 Groups A, Divisions 1, 2, 4 and 5
3 Group R, Divisions 1 and 2 and
Group A, Division 3
4 Group H, Divisions 1, 2 and 5
5 Group H, Divisions 3 and 4, Group
L, Group F
6 Groups B and M; Group S,
Divisions 1 and 2
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7 Group R, Division 3
8 Group U, Division 1
1 To use the table - Step 1. Find the existing occupancy classification or division in the occupancy class column. Step 2. If the new occupancy classification or division is ranked above the existing class, then the entire building requires a full automatic fire sprinkler system.
(3) Throughout any existing building greater than one thousand square feet, whenever more than fifty percent cumulative, of the existing floor area, including mezzanines, is added to within three calendar years.
(4) Throughout any existing building one thousand square feet or less, whenever more than seventy-five percent cumulative, of the existing floor area, including mezzanines, is added within three calendar years.
(5) Throughout any existing building greater than one thousand square feet, whenever more than a cumulative fifty percent of the interior walls and/or ceilings are exposed.
(6) Throughout any existing building one thousand square feet or less, whenever more than a cumulative seventy-five percent of the interior walls and/or ceilings are exposed.
(7) Throughout any existing building other than a single-family dwelling, whenever an additional story is added.
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(8) Throughout any single-family dwelling greater than one thousand square feet, whenever an additional story is added and the new floor area for the additional story increases the existing floor area by more than thirty-three and one-third percent. (9) Throughout any single-family dwelling one thousand square feet or less, whenever an additional story is added and the new floor area for the additional story increases the existing floor area by more than fifty percent. (10) Throughout any existing building or structure determined to be used primarily for public assembly more than five thousand square feet in total floor area. This subsection shall not apply to buildings or structures with an approved full automatic fire sprinkler system or to churches and theaters with fixed seating.
(11) Throughout the entire floor of any existing building equipped with a partial fire sprinkler system whenever more than fifty percent of the floor space is altered or reconfigured.
(12) In a newly constructed ADU attached or detached, when the single family dwelling has an existing residential automatic fire sprinkler system. (13) Throughout any existing single family dwelling less than 1000 sq. ft. with an attached ADU that adds 75% to the original home floor area. (14) Throughout any existing single family dwelling greater than 1000 sq. ft. with an attached ADU that adds 50% to the original home floor area. (15) When a newly constructed ADU is greater than 150 feet from the primary street access and has no rear alley access.
(b) Exceptions. The requirements of subsection (a) of this Section shall not apply to:
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(1) Hospitals as defined in Health and Safety Code Section 1250; (2) Buildings such as power plants, lookout towers, steeples, grain houses, and similar structures with noncontinuous human occupancy only when so determined by the Fire Chief;
(c) When a fire sprinkler system is required in any building that does not have a designated occupant and use at the time fire sprinkler plans are submitted for approval, the system shall be designed and installed to deliver a minimum density of not less than that required for Ordinary Hazard, Group 2, with a minimum design area of not less than three thousand square feet.
When a subsequent change in occupancy classification requires the fire sprinkler system to deliver a higher minimum density, it shall be the responsibility of the building owner to upgrade the system to the required density for the new use.
8.44.080 Standards.
The Fire Chief and Building Officer are jointly authorized to promulgate standards regarding the installation and type of automatic fire sprinkler systems required by Section 8.44.050 of the Municipal Code.
8.44.090 High-rise building requirements.
New buildings or structures housing any occupancy classification having floors used for human occupancy more than fifty-five feet above the lowest level of Fire Department vehicle access shall be defined as a high-rise building or structure. Such high-rise buildings or structures shall comply with the high-rise building requirements contained in
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Section 403 of the California Building Code unless modified through modifications and/or alternate materials and methods approved by the Fire Marshal and the Building Officer.
These requirements shall not apply to:
(1) Hospitals as defined in Health and Safety Code Section 1250; (2) Buildings used exclusively as open parking garages; (3) Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with noncontinuous human occupancy only when so determined by the Fire Chief;
Any full automatic fire sprinkler system installed in any high-rise building shall have two connections with control valves to independent risers on each floor level, with each riser being of the size necessary to supply the required water supply.
8.44.100 Smoke detectors—Existing residential occupancies. (a) General. In every existing apartment, dwelling unit, guestroom, one- or-two family dwelling or condominium, hotel or motel room, smoke detectors shall be installed in accordance with the provisions of this Section.
(b) Existing Group R Occupancies. On or before July 1, 2001 approved and listed smoke detectors, which may be battery-powered, shall be installed and located in accordance with the California Fire Code.
(c) Residential Occupancy Remodels. Approved and listed smoke detectors, which meet the provisions of the California Building Code, shall be installed when any of the following occurs:
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(1) Addition of a story which increases total floor area by more thirty-three and onethird percent; or (2) More than fifty percent of the existing roof structure is removed; or (3) The floor area of an existing residence with a floor area of one thousand square feet or less increases more than seventy-five percent; or (4) The floor area of an existing residence with a floor area of more than one thousand square feet increases more than fifty percent. (d) Transfer of Property. Prior to the sale or exchange of residential buildings subject to Chapter 9.08 of this Municipal Code, the seller shall certify, on the report of residential building record, that approved and listed smoke detectors have been installed.
Smoke detectors, which may be battery-powered, shall be installed and located in accordance with California Fire Code.
(e) Maintenance. Smoke detectors shall be maintained in an operable condition at all times. Detectors shall be tested, maintained and cleaned at least annually by the building owner. Proof of maintenance and cleaning shall be maintained by the building owner for a minimum of five years. New batteries shall be installed in smoke detectors annually or in accordance with the manufacturer’s instructions. When it is determined that any installed smoke detector was manufactured more than ten years prior to the effective date of this Chapter, it shall be replaced.
Exception: Single-family dwellings, which are owner occupied, do not need to maintain a written record of proof of maintenance and cleaning.
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(f) Service. Smoke detectors shall be tested, cleaned, serviced, and replaced as needed every five years by a licensed C-10 electrical/fire alarm contractor. Written record of the service for each detector shall be maintained by the building owner and shall be made available for review by the Fire Department upon request. Written certification of the required five-year service shall be submitted to the Fire Prevention Division of the Fire Department.
Exception: Single-family dwellings, which are owner occupied, do not need to maintain a written record.
(g) Hearing Impaired Occupants. In a dwelling unit occupied by one or more hearing impaired persons, each smoke detector shall cause the operation of approved notification appliances for the hearing impaired. Visible notification appliances used in rooms where hearing impaired persons sleep shall have a minimum rating of one hundred seventy-seven candela for a maximum room size of fourteen feet by sixteen feet. For larger rooms, the notification appliance shall be located within sixteen feet of where the pillow is normally located. Wall mounted visual notification appliances which are part of a smoke detector shall be located between four and twelve inches below the ceiling measured to the top of the smoke detector. Visual notification appliances in non-sleeping areas shall have a minimum rating of fifteen candela.
Exception: Where a visual notification appliance in a sleeping room is mounted more than twenty-four inches below the ceiling, a minimum rating of one hundred ten candela shall be permitted. Since hearing deficits are often not readily apparent, the responsibility to advise the property owner or manager shall rest with the hearing impaired party. The responsibility for compliance shall rest with the property owner or manager.
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8.44.110 Standards for fire protection systems.
(a) General. Fire protection systems shall conform to the standards adopted by Chapter 8.40 of the Municipal Code and to supplemental requirements of the Fire Chief. (b) System Monitoring. Alarm systems, required by Chapter 8.40 of the Municipal Code shall be monitored by an approved and listed central station. Exception: Fire sprinkler systems containing less than twenty six heads may be provided with a local alarm.
(c) Annunciation and Control. Extinguishing systems shall include control valves and signaling devices to control and indicate system operation by floors or other approved subdivisions. An approved annunciator panel shall be provided in an approved location near the principal entrance.
(d) Fire Department Connections and System Zones. Systems shall be provided with listed Fire Department connections at approved locations on public street frontages. Multiple exterior connections and system zones shall be interconnected. (e) Design, Approval, Acceptance, Testing and Maintenance. Fire alarm systems shall be maintained in an operable condition at all times. When required by the Fire Chief, an approved fire watch shall be provided and maintained while a fire and life safety system is inoperative or impaired. The fire watch shall be maintained until the inoperative or impaired system is restored a fully operational condition and a test is approved by the Fire Department.
(f) Approval, Acceptance, Testing of New Fire Alarm Systems. New fire alarm systems shall be designed, installed, tested and maintained in accordance with the
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provisions of the National Fire Alarm Code published by the National Fire Protection Association.
(g) Existing Fire Alarm Systems. Existing fire alarm systems shall be tested and maintained in accordance with the provisions of the National Fire Alarm Code. (h) Notification Devices. All one- and two-family dwellings having a fire sprinkler system installed in compliance with NFPA 13-D, NFPA 13D, NFPA 13R and NFPA 13 systems shall have a weather-proof horn/strobe installed on the address side of the building or as approved by the Fire Marshal.
8.44.120 Seismic protection of fire sprinkler systems.
(a) General. This Section shall be applicable to all existing automatic fire sprinkler systems installed prior to January 1, 1996. At the time of required five-year service, the seismic protection of all automatic fire sprinkler systems shall be inspected in accordance with this Section. The C-16 contractor performing the inspection shall prepare a written notice of system deficiencies, which shall be submitted to the Fire Prevention Division. (b) Standard. Seismic protection shall comply with the 1996 Edition of NFPA 13, Standard for the Installation of Automatic Fire Sprinkler Systems. (c) Restricted Fasteners. Through bolts with washers and nuts shall be used to secure earthquake bracing in wood members. Lag screws shall not be used to secure longitudinal bracing in wood members.
Powder-driven studs shall not be used to secure earthquake bracing in concrete or masonry members. When it is determined that powder-driven studs have been used, they shall be replaced with an approved fastener.
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(d) Suspended Ceilings. Ceilings shall be braced with splayed seismic bracing wire. (e) Unsupported Sprinklers. Sprinkler drops longer than eight feet shall be braced with splayed seismic bracing wire.
(f) Armovers. Armovers used to position sprinkler heads in ceilings shall be braced with splayed seismic bracing wire.
(g) Branch Lines. A listed wrap-around hanger shall be installed on all branch lines within eighteen inches of the end.
(h) Unlisted Mechanical Couplings. All unlisted mechanical couplings shall be replaced with approved and listed mechanical couplings. (i) Unbraced Systems. Listed bracing shall be installed in accordance with NFPA 13, 1996 Edition.
(j) Threaded Pipe. All sprinkler systems shall use shop-welded branch lines. The branch lines shall be secured to cross-mains by approved grooved mechanical fittings.
Longitudinal and lateral bracing shall be installed on feed mains, cross-mains and branch lines larger than two and one-half inches. Bracing shall be installed on smaller branch lines that could strike light fixtures, building system components, and building structural members.
(k) Threaded Pipe Sway Bracing. No thin wall pipe shall be used for sway bracing.
Pipe used shall be minimum Schedule 40.
(l) Retaining Straps. All C-clamp type hangers shall be equipped with retaining straps.
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(m) Notification and Enforcement. Notification, enforcement and compliance shall be in accordance with Sections 8.44.060 and 8.44.070 of the Municipal Code. When it is determined that an existing automatic fire sprinkler system does not meet the minimum standard, the building owner shall be notified in accordance with this subsection.
8.44.130 Plans and specifications.
Prior to installation of any automatic fire extinguishing, life safety or fire protection system required by this Chapter, the Fire Chief shall approve the plans and specifications for the system.
8.44.140 Fire alarm requirements.
(a) False Alarm Reports Required. A report shall be generated by the Santa Monica Fire Department responding fire companies as deemed necessary by the Fire Marshal. The report shall include whether or not the alarm was a “false alarm” as defined in Section 8.44.140(d) of this Code.
(b) Fire Alarm Requirements.
(1) Every person owning or maintaining a fire alarm system shall post a notice containing the name and telephone number of the persons at which they may be reached at any time of the day or night to be notified to render repairs or services when the fire alarm is activated. Such notice shall be posted near the fire alarm panel and or the remote annunciator panel in such a position so as to be legible. (2) The owner or the owners’ representative of any fire alarm system shall be responsible for deactivating any alarm within one hour after notification or after reasonable efforts have been made to notify the owner or owners’ representative that
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such alarm has been activated and is ringing. The ringing of an alarm for a period in excess of one hour after such notification or efforts of notification have been made is hereby declared to be a public nuisance and subject to misdemeanor prosecution or summary abatement.
8.44.150 Fees for excessive false alarm responses—Annual adjustment.
The following response fees shall be levied and paid by the responsible party (owner or lessee) of a location that includes a fire alarm system. The fees are based on the total number of false alarms, as defined in Section 8.44.040, which generate a fire company’s response to the location during the same fiscal year.
No response fees shall be charged for the first and second false alarm responses to a location during the same fiscal year. Based on the costs associated with the Fire Department’s emergency response to a false alarm, a fee set by resolution of the City Council shall be charged for the third false alarm response and each subsequent false alarm response made to a location during the same fiscal year. The Fire Chief shall cause to be issued a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen days after the billing date.
All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any service charge shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent debt thirty days after it becomes due and payable.
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Payment of any service charge shall not prohibit criminal prosecution for the violation of any of the provisions of this Chapter.
A location with a fire alarm system that generates more than five false alarm responses during a single fiscal year may be declared a public nuisance and the owners as defined in Section 8.44.140(d) shall be prosecuted.
8.44.160 Penalty.
A penalty of ten percent shall be added to the fees required by Section 8.44.150 in connection with any fees that are not paid in the time and manner required by Section 8.44.150.
SECTION 14. Chapter 8.60 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.60.010 Adoption.
Appendix Chapter A1 of the California Existing Building Code 201922 Edition, entitled “Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings” which adopts by reference Appendix Chapter A1 of the International Existing Building Code, 201821 Edition, as published by the California Building Standards Commission and the International Code Council, (excluding Sections A101, A102, A105, A114, Table A1-G A114.1), is hereby adopted as the Mandatory Seismic Retrofit Requirements for Unreinforced Bearing Wall Buildings, of the City of Santa Monica.
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SECTION 15. Chapter 8.64 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.64.010 Adoption.
Appendix Chapter A2 of the California Existing Building Code 2022 Edition, entitled “Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms” of the International Existing Building Code, 201821 Edition, as published by the International Code Council (excluding Sections A201, A202, A203, A204, A205 and A2067) is hereby adopted as the Mandatory Seismic Retrofit Requirements for Existing Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms of the City of Santa Monica.
SECTION 16. Chapter 8.68 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.68.010 Adoption.
Appendix Chapter A3 of the California Existing Building Code 201922 Edition, entitled “Prescriptive Provisions for Seismic Strengthening Provisions of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings” which adopts by reference Appendix Chapter A3 of the International Existing Building Code, 201821 Edition, as published by the California Building Standards Commission and the International Code Council, (excluding Sections A301), is hereby adopted as the Voluntary Seismic Retrofit Requirements for Cripple Walls and Sill Plate Anchorage in Single-Family Dwellings of the City of Santa Monica.
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SECTION 17. Chapter 8.76 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.76.050 Engineering analysis and design.
(a) Evaluation, Analysis, and Engineering Report. This Chapter requires the alteration, repair, retrofit, replacement or addition of structural elements and their connections to meet the strength and stiffness requirements set forth in this Chapter, except as modified herein. The structural evaluation required by Section 8.58.030 shall analyze and identify all structural deficiencies in accordance with ASCE 41-13. The engineering report, containing the required structural evaluation, shall further identify major deficiencies observed in the analysis of the building including: deficient load path, weak or soft story conditions, horizontal or vertical irregularities. (b) Major Deficiencies. Any of the major deficiencies described in subsection (a) of this Section shall cause the building to be retrofitted. Retrofit work to mitigate the major deficiencies shall not impact the existing lateral load elements by increasing any demandto-capacity ration by more than ten percent unless the existing elements are shown to be capable of resisting the increased demand. The mitigation of the major deficiencies shall also not create additional structural deficiencies or make the existing structural deficiencies more severe.
(c) Advance Analysis. The engineering report may show that the major deficiencies meet the requirements of ASCE 41-13 by advanced analysis.
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(d) Structural Analysis, Design and Evaluation. The building shall meet or exceed the structural performance level for the associate earthquake hazard levels based on Risk Category as defined in ASCE 41-13 as follows:
Risk Category Hazard Level 1 Hazard Level 2
I & II BSE-1E, S-3 BSE-2E, S-5
III & IV BSE-1E, S-2 BSE-2E, S-5
SECTION 18. Chapter 8.80 of the Santa Monica Municipal Code is hereby amended to read as follows:
8.80.030 Definitions.
ASCE 41-13 (2014 Edition) is a standards publication by the American Society of Civil Engineers entitled “Seismic Evaluation and Retrofit of Existing Buildings” and describes deficiency-based and systematic procedures to evaluate and retrofit existing buildings to withstand the effects of earthquakes. This publication is referenced in Chapter 35 of the California Building Code.
Concrete building is a building having concrete floors and/or roofs, either with or without beams, supported by concrete walls and/or concrete columns, and/or concrete frames with or without masonry infills, or any combination thereof.
Masonry infill is the unreinforced or reinforced masonry wall construction within a reinforced concrete frame.
8.80.050 Definitions.
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(a) Scope of Analysis. This Chapter requires the alteration, repair, retrofit, replacement or addition of structural elements and their connections to meet the following requirements in this section.
(b) Building Structural Analysis, Design and Evaluation. The building shall meet one of the following criteria:
(1) Strength of the lateral-force resisting system shall meet or exceed seventy-five percent of the base shear specified in the California Building Code seismic provisions.
Elements not designated to be part of the lateral-force resisting system shall be adequate for gravity load effects and seismic displacement due to the full (one hundred percent) of the design story drift specified in the California Building Code seismic provisions. (2) Meet or exceed the requirements specified for “Basic Safety Objectives” from ASCE 41-13 using ground motions and procedures established by the City based on ASCE 41-13. the structural performance level for the associate earthquake hazard levels based on Risk Category as defined in ASCE 41 as follows:
Risk Category Hazard Level 1 Hazard Level 2
I & II BSE-1E, S-3 BSE-2E, S-5
III & IV BSE-1E, S-2 BSE-2E, S-5
SECTION 19. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
10.E.b
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SECTION 20. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 21. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUG SLOAN
City Attorney
10.E.b
Packet Pg. 698 Attachment: 2022 Building Code Update Ordinance [Revision 2] (5205 : Adoption of the 2022 Building Codes (30 min)) (310) 451-3669
October 7, 2022
VIA E-MAIL
Santa Monica City Council
1685 Main Street, Room 102
Santa Monica, CA 90401
Re: Agenda Item 10-E
Introduction and First Reading of an Ordinance Approving the 2022 Building Code Update and Adoption of Resolution Making Findings of Local Climatic, Geological and Topographical Conditions to Adopt Local Amendments to the CA Building Standards Code
Our File No. 639.67
Dear Councilmembers:
This letter is submitted on behalf of the Santa Monica Housing Council.
I am writing to object to Section 8.44.090 (appearing on pages 168-169) of the draft Ordinance associated with Agenda Item 10-E. Section 8.44.090 defines a high-rise building for purposes of Santa Monica’s Building Code as “New buildings or structures housing any occupancy classification having floors used for human occupancy more than fifty-five feet above the lowest level of Fire Department vehicle.” This Santa Monica Building Code definition is at variance with the Statewide definition of a high-rise building as set forth in Health and Safety Code Section 13210(b), which establishes a 75-foot threshold, not a 55-foot threshold:
“High-rise structure” means every building of any type of construction or occupancy having floors used for human
occupancy located more than 75 feet above the lowest floor level having building access, except buildings used as
hospitals. (Emphasis added.)
Santa Monica’s 55-foot threshold is also at variance with Section 202 of the 2022 California Building Code, which uses the 75-foot threshold:
High-rise structure. Every building of any type of
construction or occupancy having floors used for human
[email protected]
Item 10.E
10/11/22
1 of 8 Item 10.E
10/11/22
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Packet Pg. 699 Attachment: Written Comments (5205 : Adoption of the 2022 Building Codes (30 min)) Santa Monica City Council
October 7, 2022