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
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include incidental display and retail sales of items produced on the premises and 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
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manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
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).
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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. 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.
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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.
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.
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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 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
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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.
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
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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).
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:
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9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
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
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Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
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
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Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
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
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Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
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
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Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
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
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Household
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
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
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Loft
Lot
Maintenance and Repair
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
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
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Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
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
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Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
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
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Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
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
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Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
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
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Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
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.
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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, 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.
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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 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.
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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.
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.
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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 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
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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.
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.
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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.
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.
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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 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.
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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.
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.
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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 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.
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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.
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
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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.
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.
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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.
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.
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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.
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
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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 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.
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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 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
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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 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
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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.
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.
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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.
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
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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.
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
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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.
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.
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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.
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.
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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.
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.
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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.
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
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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 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.
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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.
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.
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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 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.
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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.
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
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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.
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.
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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.
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
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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.
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.
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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.
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
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Packet Pg. 884 Attachment: CDD-Ord-Economic Recovery 2d (5431 : IZO - Second Reading) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.D
1 of 4
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions
Recommended Action
Staff recommends that the City Council introduce for first reading the attached ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to further clarify and define “lobbying activity,” with a financial threshold, with certain exceptions;
2. Adds Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment.
Executive Summary
At its July 13, 2021, meeting, Council directed staff to return with a proposed ordinance, similar to that in place in Beverly Hills, and in particular that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate.
Based on Council’s direction staff reviewed lobbying ordinances in similar jurisdictions and undertook a legal review on various lobbying laws in effect throughout the state.
Staff recommends adding a definition of ‘lobbying activity’ to Section 4.85.010 that will further describe actions by an individual that constitute lobbying. It is also
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recommended that creating Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment.
Background
In 2016, Council adopted Ordinance No. 2511 (CCS). Before it was adopted, the ordinance was debated at several Council meetings over two years and many months in 2015 and 2016. It underwent several revisions before being adopted.
Some versions of the law were deemed too elaborate and complex; other versions were considered too simple and threadbare. The version of the law that was finally adopted was a compromise and modelled after one in effect in the City of West Hollywood. It was viewed then as perhaps a first step, a work in progress.
The City’s current law requires lobbyists to register with the City Clerk’s office. All lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change. The ordinance includes a list of exemptions that are intended to ensure that the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights.
During the Council’s July 13, 2021, meeting, Council directed staff to return with some limited amendments to the City’s lobbying law. The Council looked in particular to the ordinance in place in Beverly Hills, and requested that, like Beverly Hills’ law, Santa Monica’s law: (1) more precisely define what constitutes a lobbyist/legislative advocate; (2) preclude any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) preclude any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate.
Discussion
Addition of a ‘Lobbying Activity’ Definition to the Santa Monica Lobbying Ordinance
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as defined in Section 4.85.010, a lobbyist is any individual who receives economic consideration as the employee, representative, or contractor of a person or entity, other than the City of Santa Monica, for communicating with any official or employee of the City for the purpose of influencing a legislative or administrative action. “Lobbyist” does not include City contractors and those seeking City contracts through bids and proposals. Where Santa Monica’s Lobbying Ordinance differs from some other jurisdictions is that some other jurisdictions separately and more comprehensively define what constitutes lobbying activities. This largely stems from the City’s law being originally modeled after the City of West Hollywood’s law.
Section 4.85.010 would be amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration, including cash, expenses paid, and/or in-kind compensation, totaling more than $7,500 in a calendar year as the employee, representative, or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. The $7,500 threshold shall be adjusted on January 1 of each year beginning in 2024 by the most recent California Consumer Price Index as published by the State of California.
For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers; and
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A members of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or commission; and,
(c) The City Manager, City Attorney, and City Clerk;
(c) A City employee appointed to serve as director of a A City department
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director; and
(d) Any other person who is required to file a Statement of Economic Interest in connection with the City of Santa Monica.
Section 4.85.015 would be added as follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.
Any person who has been a Lobbyist in the prior two years prior to the start of a term, and once appointed, shall be ineligible to be appointed or to continue to serve on a City board, commission, task force, or advisory board.
Recommendation
Introduce for first reading the amendments to Santa Monica Municipal Code Section
4.85.010 and 4.85.015. If the Council wishes to consider further changes to the Lobbying Ordinance, it is recommended that the Council schedule and conduct a study session on lobbying.
Financial Impacts and Budget Actions
None.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. ORD Lobbying 102522
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1 City Council Meeting: October 25, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010, DEFINITIONS, AND ADDING SECTION 4.85.015 TO PROHIBIT ANY INDIVIDUAL FROM SERVING
OR CONTINUING TO SERVE ON A CITY BOARD, COMMISSION, TASK FORCE, OR
ADVISORY BOARD IF THAT INDIVIDUAL HAS ENGAGED IN LOBBYING ACTIVITES
IN THE CITY OF SANTA MONICA IN THE TWO YEARS PRIOR TO APPOINTMENT WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office; and WHEREAS, all lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change; and the ordinance includes a list of exemptions intended to ensure the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021, meeting, Council directed staff to return with a proposed ordinance, similar to that in place in other municipalities, that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate; and
WHEREAS, this ordinance addresses the items in Council’s July 13, 2021, direction to staff.
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Packet Pg. 889 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.85.010 is hereby amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration, including cash, expenses paid, and/or in-kind compensation, totaling more than $7,500 in a calendar year as the employee, representative, or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. The $7,500 threshold shall be adjusted on January 1 of each year beginning in 2024 by the most recent California Consumer Price Index as published by the State of California.
For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers;
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A members of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or commission; and,
(c) The City Manager, City Attorney, and City Clerk;
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Packet Pg. 890 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance) 3 (c) A City employee appointed to serve as director of a A City department director; and
(d) Any other person who is required to file a Statement of Economic Interest in connection with the City of Santa Monica.
Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby added as follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.
(a) Any person who has been a Lobbyist in the prior two years prior to the start of a term, and once appointed, shall be ineligible to be appointed or to continue to serve on a City board, commission, task force, or advisory board.
(b) The Council, by unanimous vote, may appoint a person to a board, commission, task force, or advisory board, despite otherwise being disqualified under this Chapter, for good cause, including but not limited to unavailability of qualified candidates.
Section 3. 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 affect the provisions of this Ordinance.
Section 4. 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
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Packet Pg. 891 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance) 4 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. 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 take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.D.a
Packet Pg. 892 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance) City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.E
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 11, 2022, the City Council introduced for first reading an 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. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:
A. CD-Ord-2022 Building Code Update
10.E
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1 City Council Meeting: October 25, 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
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
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Packet Pg. 894 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 2 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 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
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Packet Pg. 895 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 3 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.
(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.
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Packet Pg. 896 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 4 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 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.
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Packet Pg. 897 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 5 (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.
(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.
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Packet Pg. 898 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 6 (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.
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.
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Packet Pg. 899 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 7 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.
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.
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Packet Pg. 900 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 8 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.
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.
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Packet Pg. 901 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 9 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.
(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.
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Packet Pg. 902 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 10 (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, 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.
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Packet Pg. 903 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 11 (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 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;
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Packet Pg. 904 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 12 (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 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
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Packet Pg. 905 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 13 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.
(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.
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Packet Pg. 906 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 14 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. (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
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Packet Pg. 907 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 15 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.
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.
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Packet Pg. 908 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 16 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.
(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
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Packet Pg. 909 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 17 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. (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.
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Packet Pg. 910 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 18 (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.
(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
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Packet Pg. 911 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 19 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 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.
(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.
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Packet Pg. 912 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 20 (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.
(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.
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Packet Pg. 913 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 21 (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.
(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:
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Packet Pg. 914 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 22 (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.
(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.
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Packet Pg. 915 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 23 (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.
(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.
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Packet Pg. 916 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 24 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, 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.
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Packet Pg. 917 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 25 (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 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.
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Packet Pg. 918 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 26 (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.
(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.
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Packet Pg. 919 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 27 (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:
(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
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Packet Pg. 920 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 28 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 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
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Packet Pg. 921 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 29 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
$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.
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Packet Pg. 922 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 30 (2) The time periods set forth to start construction within one year 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 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.
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Packet Pg. 923 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 31 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. (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
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Packet Pg. 924 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 32 service not performed. Applications for refund must be made in writing within one year of fee payment.
8.08.090 Standard inspections.
(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.
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Packet Pg. 925 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 33 (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 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.
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Packet Pg. 926 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 34 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.
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.
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Packet Pg. 927 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 35 (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.
(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.
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Packet Pg. 928 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 36 (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 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
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Packet Pg. 929 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 37 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 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
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Packet Pg. 930 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 38 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.
(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).
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Packet Pg. 931 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 39 (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. (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
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Packet Pg. 932 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 40 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 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.
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Packet Pg. 933 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 41 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.
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,
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Packet Pg. 934 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 42 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. (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
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Packet Pg. 935 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 43 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 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
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Packet Pg. 936 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 44 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.
(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:
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Packet Pg. 937 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 45 (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 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.
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Packet Pg. 938 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 46 (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. (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 housetype 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 housetype 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
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Packet Pg. 939 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 47 the minimum standards established by the Division of the State Architect or California Building Code.
8.08.210 Building addresses.
(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.
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Packet Pg. 940 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 48 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.
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, 2022 Edition,” which adopts by reference the International Building Code, 2021 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.
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Packet Pg. 941 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 49 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 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.
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Packet Pg. 942 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 50 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.
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:
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Packet Pg. 943 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 51 1613.5.3. Modify ASCE 7 Equation 12.12-1 of Section 12.12.3 to read as follows:
δM = Cd δmax
(12.12-1)
(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 cross10.E.a Packet Pg. 944 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 52 grain 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:
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
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Packet Pg. 945 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 53 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.
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.
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Packet Pg. 946 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 54 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.
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.
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Packet Pg. 947 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 55 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.
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).
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Packet Pg. 948 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 56 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.
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.
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Packet Pg. 949 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 57 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.
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.
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Packet Pg. 950 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 58 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 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
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Packet Pg. 951 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 59 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.
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.
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Packet Pg. 952 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 60 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.
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.
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Packet Pg. 953 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 61 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.
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.
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Packet Pg. 954 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 62 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.
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.
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Packet Pg. 955 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 63 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 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:
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Packet Pg. 956 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 64 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.
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
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Packet Pg. 957 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 65 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 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:
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Packet Pg. 958 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 66 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.
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.
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Packet Pg. 959 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 67 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.
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.
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Packet Pg. 960 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 68 8.12.090 Structural observation special inspections. (a) Structural Observation—General. Amend Section 1704.6 of the California Building Code to read as follows:
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.
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Packet Pg. 961 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 69 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 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 one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure is a high-rise building.
3. 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.
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Packet Pg. 962 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 70 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.
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 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
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Packet Pg. 963 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 71 2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete patios, driveways and sidewalks, on grade.
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Packet Pg. 964 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 72 TABLE 1705.3
REQUIRED VERIFICATION AND INSPECTION OF CONCRETE CONSTRUCTION
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Packet Pg. 965 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 73 (d) Special Inspection for Seismic Resistance. Amend Section 1705.13 of the California Building Code to read as follows:
1705.13 Special Inspection for Seismic Resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.
Exception: Special inspections itemized in Sections 1705.13.1 through 1705.13.9 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.
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Packet Pg. 966 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 74 3.3 Stiffness irregularity—extreme soft story and soft story.
3.4 Discontinuity in lateral strength—weak story irregularity.
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.
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Packet Pg. 967 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 75 (c) General. Amend Section 1809.3 of the California Building Code to read as follows:
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
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Packet Pg. 968 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 76 (d) Prescriptive Footings. Amend Section 1809.7 and Table 1809.7 of the California Building Code to read as follows:
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.
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Packet Pg. 969 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 77 (e) Timber Footings. Amend Section 1809.12 of the California Building Code to read as follows:
1809.12 Timber Footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use 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:
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Packet Pg. 970 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 78 1807.3.1 Limitations. The design procedures outlined in this section are subject to the following limitations:
1. The frictional resistance for structural walls and slabs on silts and clays shall be limited to one-half of the normal force imposed on the 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 2022 California Building Code to read as follows:
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Packet Pg. 971 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 79 1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4. Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.
(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.
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Packet Pg. 972 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 80 (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:
(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.
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Packet Pg. 973 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 81 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:
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;
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Packet Pg. 974 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 82 (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.
(a) Fastener Requirements. Amend Section 2304.10.2 of the California Building Code to read as follows:
2304.10.2 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 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 2304.12.8 of the California Building Code to read as follows:
2304.12.8 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.
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Packet Pg. 975 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 83 (c) Quality of Nails. Section 2304.10.3.1 is added to Chapter 23 of the California Building Code to read as follows:
2304.10.3.1 Quality of Nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum 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 2305.4 is added to Chapter 23 of the California Building Code to read as follows:
2305.4 Hold-Down Connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite 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.
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Packet Pg. 976 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 84 (e) Wood-Frame Diaphragms. Amend Section 2306.2 of the California Building Code to read as follows:
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 limitations of 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:
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Packet Pg. 977 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 85 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 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 Building Official.
3. Nails shall be placed not less than 1/2-inch in from the panel edges and not less than 3/8-inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4-inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
For structures assigned to Seismic Design Category D, 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. 978 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 86 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. 979 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 87 (h) Alternative Bracing. Amend Sections 2308.6.5.1 and Figure 2308.6.5.2 of the California Building Code to read as follows:
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 holddown 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
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Packet Pg. 980 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 88 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).
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.
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Packet Pg. 981 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 89 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 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
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Packet Pg. 982 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 90 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. 983 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 91 FIGURE 2308.6.5.2
PORTAL FRAME WITH HOLD-DOWNS (PFH)
(i) Braced Wall Sheathing. Table 2308.6.1 of the 2022 Edition of the California Building Code are amended to read as follows:
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Packet Pg. 984 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 92 10.E.a
Packet Pg. 985 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 93 (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 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 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.
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. 986 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 94 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. 987 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 95 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
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.
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Packet Pg. 988 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 96 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:
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.
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Packet Pg. 989 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 97 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.
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.
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Packet Pg. 990 Attachment: CD-Ord-2022 Building Code Update (5441 : Building Code Update - Second Reading) 98 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. 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
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23. 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:
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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 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.
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3115.8.5.1 Limitations. Use of Section 3115.8.5 is subject to all the following limitations:
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).
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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 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.
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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 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, 2022 Edition,” which adopts by reference, portions of the International Existing Building Code, 2018 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 to read as follows:
That certain document entitled “California Historical Building Code, 2022 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, 2022 Edition,” which adopts by reference the International Residential Code, 2021 Edition, as published by 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
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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 more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
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(b) Slopes Steeper than 33-1/3 Percent. Add Section R301.1.5 to the California Residential Code to read as follows:
R301.1.5 Seismic Design Provisions for Buildings Constructed On or Into Slopes Steeper Than One Unit Vertical In Three Units Horizontal (33.3 Percent Slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.6 of the 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.
3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below.
5. Floor level offset. Conditions where portions of a floor level are vertically offset.
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(d) Application. Amend Section R501.2 of the California Residential Code to read as follows:
R501.2 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. 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 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.
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(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.
Figure R503.2.4
Openings in Horizontal Diaphragms
a. Blockings shall be provided beyond headers.
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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 1613.2 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 height shall 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. 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) 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.
(o) 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 Seismic Design Category D0, D1, or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12.
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(p) 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:
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
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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 braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 shall be supported on continuous foundations.
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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:
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
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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 20, 21, 24 and 34-37 of Table R602.3(1) of the California Residential Code to read as follows:
TABLE R602.3(1)—continued FASTENING SCHEDULE
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 and Section R602.3.2 of the California Residential Code to read as follows:
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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.
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:
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8.24.010 Adoption.
That certain document entitled “California Electrical Code, 2022 Edition,” which adopts by reference the National Electrical Code, 2020 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 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
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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. (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
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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 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, 2022 Edition,” which adopts by reference the Uniform Mechanical Code, 2021 Edition, as published by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials, (excluding Chapter 1, Division I), including Chapter 1, Division II, 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, 2022 Edition,” which adopts by reference the Uniform Plumbing Code, 2021 Edition, as published by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials (excluding Chapter 1, Division I), including Chapter 1, Division II, Appendices A, B, D, 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.
(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.
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(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.
(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
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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. (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
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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 “2022 Building Energy Efficiency Standards — Standards for Residential and Nonresidential Buildings” which adopts Part 6 of Title 24 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.
SECTION 12. Chapter 8.40 of the Santa Monica Municipal Code is hereby readopted and amended to read as follows:
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8.40.010 Adoption.
That certain document entitled “California Fire Code, 2022 Edition,” which adopts by reference the International Fire Code, 2021 Edition, as published by the California Building Standards Commission and the International Code Council (excluding Section 111), including Chapter 1, Division I, Chapter 1, Division II, 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. (a) Chapter 1, Section 105.5.54 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 109.3.1 of the California Fire Code is added to read as follows:
109.3.1 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
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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. (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 3316.1.
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:
1032.1.1 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.
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8.44.040 Definitions.
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;
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(3) Alarm caused by construction-related activities such as dust or painting operation; (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.
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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:
(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
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5 Group H, Divisions 3 and 4, Group
L, Group F
6 Groups B and M; Group S,
Divisions 1 and 2
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.
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(7) Throughout any existing building other than a single-family dwelling, whenever an additional story is added.
(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.
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(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:
(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
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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 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.
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(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:
(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.
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Exception: Single-family dwellings, which are owner occupied, do not need to maintain a written record of proof of maintenance and cleaning. (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 seventyseven 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
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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.
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 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.
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(f) Approval, Acceptance, Testing of New Fire Alarm Systems. New fire alarm systems shall be designed, installed, tested and maintained in accordance with the 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.
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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.
(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.
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(l) Retaining Straps. All C-clamp type hangers shall be equipped with retaining straps.
(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.
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(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 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
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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.
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 2022 Edition, entitled “Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings” which adopts by reference Appendix Chapter A1 of the International Existing Building Code, 2021 Edition, as published by the California Building Standards Commission and the International Code Council, (excluding Sections A101, A102, A105, A114, Table 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, 2021 Edition, as published by the International Code Council (excluding Sections A201, A202, A203, A205 and A206) 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 2022 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, 2021 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. 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 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 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 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.
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8.80.050 Definitions.
(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 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.
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
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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:
_________________________
Douglas, Sloan, City Attorney
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Report
City Council Meeting: October 25, 2022
Agenda Item: 11.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works
Subject: Santa Monica Permanent Parklet Program
Recommended Action
Staff recommends that the Council review the additional information City staff included in the staff report concerning wastewater fees, outdoor heaters, canopies, and parklet size under the Parklet Program and provide comments.
Executive Summary
Following a two-year Santa Monica Outdoors Pilot Program (“Pilot Program”) for parklets on public streets, implemented to support local businesses through the COVID19 pandemic, on June 28, 2022, the City Council adopted a comprehensive permanent parklet program (“Parklet Program”) to activate public spaces for community enjoyment and economic recovery while also maintaining public safety and recovering maintenance, administration, and improvement costs.
In response to Council direction on September 27, 2022, that staff return with additional information concerning certain aspects of the Parklet Program, this report provides additional information about the following four characteristics of the Parklet Program:
• Wastewater fees (applicable only if new seats are added for outdoor dining in addition to seats originally approved by City for operation of the eating establishment)
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• Outdoor heaters (State law prohibits them under canopies and tents and must be placed 5 feet from canopies or tents)
• Canopies or tents will require full review and approval by Building and Safety to account for wind load and required foundation. Pursuant to California Fire Code 603.4, propane heaters are prohibited inside of tents, canopies and membrane structures regardless of flame rating.
• Parklet size limitations (industry standard of 2 parking space maximum) The Parklet Program requirements, and its fees and charges to recover maintenance, administration, and improvement costs, became effective September 30, 2022, synchronous with the expiration of the pilot program permits and associated license agreements that supported the Pilot Program.
Background
The Pilot program permits, and associated license agreements, for use of the public right-of-way for outdoor dining expired on September 30, 2022, for approximately 70 parklets located in the City’s Downtown and neighborhood commercial corridors. The comprehensive Parklet Program that City Council adopted on June 28, 2022, includes design requirements for parklets, imposition of fees and charges to defray the City’s costs in administering the program and use of public property, and guidelines for the construction of accessible parklets to comply with the Americans with Disabilities Act (“ADA”). (Attachment A)
Under the Parklet Program, eligible businesses operating parklets under the Pilot Program (SMMC Chapter 6.40) who wish to continue operating their parklet, may receive provisional permits and enter into licensing agreements with the City provided that such businesses:
(1) Submitted a completed application in compliance of SMMC Chapter 6.42 by September 15, 2022; and
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(2) Transition to a non-provisional parklet permit no later than February 28, 2023, as set forth in the administrative regulations.
If businesses wish to continue providing outdoor dining services in the public right-ofway, they also have the option to participate in the sidewalk dining program that existed prior to the pandemic pursuant to SMMC Section 9.31.200 “Outdoor Dining and Seating”.
Discussion
The Pilot Program has transitioned parklets from a City-managed pilot located on Main Street starting in 2015, to a lifeline for struggling businesses from 2020 to 2022 during the COVID-19 pandemic, to now becoming a popular feature of Santa Monica’s outdoor lifestyle. The Parklet Program focuses on creating a sustainable policy and fee framework to support local businesses, maintain public safety, and recover City maintenance and improvement costs. The Parklet Program also aims to better align the proliferation of parklets with adopted City policy for enhanced pedestrian experiences in the City’s commercial areas.
On September 27, 2022, Council requested additional information about some aspects of the City’s administration of the Parklet Program, as a few businesses raised concerns about the program’s fees, standards, and guidelines for the construction of parklets on the City’s public right-of-way. These concerns include:
• Wastewater Fees. The City imposes a one-time fee for net new seats that are added for outdoor dining, that are in addition to seats previously approved by City for operation of an eating establishment. This is a long-established practice (since 1968) and provides for unforeseen capacity upgrades and maintenance of Santa Monica’s and Los Angeles’ sewer infrastructure. Concerns have been expressed that the cost for adding net new seats to a restaurant location are too high. The City’s wastewater capital facility fees were determined to be reasonable per the Water and Wastewater Capital Facility Fee Study that was adopted by City Council on November 24, 2020, under Resolution No. 11308
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entitled “A Resolution of the City Council of the City of Sana Monica Revising the Wastewater Capital Facility Fee” (“Resolution”).
• Outdoor Heaters. State law prohibits the use of propane heaters beneath overhead canopies or umbrellas. Concerns were raised about this prohibition because outdoor heaters were previously allowed under canopies during the pandemic. An interpretation of the California Fire Code language was made in early 2020, allowing propane heaters under tents with certain conditions. In December of 2020, the State Fire Marshal issued an official interpretation, clarifying that the California Fire Code prohibits the use of propane heaters under all tents, canopies and membrane structures. (Attachment B) As a result, Santa Monica modified its regulations to comply with the current Fire Code. • Parklet Size Limitation. Parklets are restricted to 2 parking spaces maximum, which is a common standard across many jurisdictions. Concerns were expressed by businesses who built much larger parklets during the emergency orders. Staff estimates that there are approximately 8 parklets out of nearly 70 that utilize more than 2 parking spaces.
This report provides additional detail on the three items listed above.
Wastewater Fee Structure
Wastewater Capital Facility (One-time)
Restaurant - Sit Down (Full Service) $1,358.49 per seat Restaurant - Sit Down (Fast Food) $1,132.08 per seat
Note that the wastewater fee is a one-time fee that carries over even if operators change (Water Resources tracks payment of the one-time fee), can be offset with existing seating, and is offset by credit for fees already paid for existing sidewalk dining. Fees are subject to change annually.
The City Council has consistently taken a strategic approach to setting future water and wastewater rates that balances a concern for keeping costs affordable to our community while adequately investing in long-term water quality, reliability, and sustainability. As a recognized leader for its environmental and water conservation policies, the City has
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championed a variety of initiatives designed to provide a sustainable community to its residents and businesses. In 2020, City Council adopted the five-year water and wastewater rate structure and capital facility fee structure aimed to maintain highquality, reliable water and wastewater collection services, reduce the City’s reliance on imported water supplies, and maintain adequate reserve levels to ensure continuity of water and wastewater system operations.
Water and wastewater capital facility fees include “connection fees” and “capacity charges.” California Government Code Section 66013 defines a “capacity charge” as a one-time “charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities.” (emphasis added.) The imposition of a capacity charge on customers increasing their service requirements on the water and/or wastewater systems ensures that these customers pay their fair share of existing utility asset costs, plus the costs of new facilities needed to serve them. The capacity charge is calculated based on the standards established by the American Water Works Association and considers projected customer growth, value of existing assets, and value of planned assets. As a result, future customers requiring additional capacity or service would enter as equal participants, along with current customers, regarding their financial commitment and obligations to the utilities.
The capacity charge was determined to be reasonable per the Water and Wastewater Capital Facility Fee Study that was adopted by City Council in 2020 under the Resolution referenced above. The wastewater capital facility fee proceeds are used to fund capital investments in the wastewater system, which include unforeseen capacity expansion of the wastewater collection system or future design and construction of planned facilities and upgrades to maintain system reliability. The wastewater capital facility fees are applicable for outdoor dining programs based on the following:
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• The City’s assessment of capital facility fees to outdoor dining operators that: (1) seek a City permit and license to operate outdoor dining in the public right-ofway; and (2) propose to increase the number of restaurant seats for outdoor dining is consistent with California Government Code section 66013, industry best practice, the City’s Resolution that sets wastewater fees, California case law, and the City’s past practice.
• As stated in the Resolution, the last paragraph of Section 1 provides that, “[w]henever a user of the sewer system causes a significant increase of either the flow or strength of sewage discharged to the system, even though there may be no change in land use, an additional Wastewater Capital Facility may be imposed.” Based on studies conducted by and guidelines set by the City of Los Angeles, the wastewater strength from restaurants are typically 3-4 times higher than residential wastewater. The higher wastewater strength from restaurants taxes the wastewater infrastructure significantly more as the higher strength requires more treatment capacity in comparison to residential wastewater (lower strength) for the same volume of wastewater treated.
• As the outdoor dining program serves as an extension of the existing restaurant that is a part of a building, the net increase in total number of seats added through the program would result in an increase of wastewater generated per seat added and the resulting wastewater is discharged through the building’s sewer lateral and into the City’s sewer system. The allocation of capacity for the additional wastewater flows from the building represents the amount of capacity allowable to the customer for system engineering and planning purposes, regardless of how much of the capacity is actually used by the customer as the City has no authority over how the business operates and when wastewater flows are generated.
• The wastewater capital facility fee paid for by the customer is permanent regardless of if the restaurant seat is indoors or outdoors. If the customer no
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longer operates the outside portion (e.g., parklet) of the seats, the customer still owns the capacity and could move the seats inside, to the sidewalk, and/or to a private patio as long as it complies with all other codes and regulations (e.g., fire code on capacity).
• Wastewater capital facility fees have historically been assessed to restaurants based on their footprint, operations (e.g., full service versus fast food), and/or number of restaurant seats (indoor and outdoor). As the City of Santa Monica is a contracting agency to the City of Los Angeles’ Amalgamated System, it must follow the City of Los Angeles’ methodology and sewerage generation factors in charging wastewater capital facility fees. The City of Los Angeles’ sewerage generation factors and sewerage facility charge (or capital facility fee) were first established in 1968 and 1970, respectively.
Under the City’s outdoor dining program, as a condition for using the City’s public rightof-way for outdoor dining (e.g., parklets and sidewalk dining), the City requires that outdoor dining operators comply with standards and licensing requirements that were adopted by the City to maintain public safety and recover maintenance, administration, and improvement costs. Under this program, for those outdoor dining operators that seek to increase the seats, in addition to the seats that the City originally approved for their eating establishments, thereby triggering capacity fees, the City is considering a payment plan that would be included in their license agreements for the payment of capacity fees. To qualify for a payment plan, an outdoor dining operator must:
• Pay the City of Los Angeles fees that are charged to the City of Santa Monica for treatment of wastewater (roughly 20% of the total capacity fee for restaurants) prior to the City’s issuance of a license agreement.
• Amortize payments of the remaining capacity fee (Santa Monica’s portion) over a 2-year period to be paid in monthly installments. A two-year payment plan would be consistent with SMMC Section 6.42.020(a), which provides that parklet permits are valid for an initial period not to exceed two years and may be renewed for successive two-year periods.
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• Should the 2-year payment period pose a hardship on the customer, the customer could submit a hardship waiver and have the option to pay up to a 5- year period based on the hardship demonstrated. The 5-year payment is the maximum pay period as it aligns with the City’s wastewater rate study cycle and infrastructure planning periods that are completed on 5-year cycles. A payment period beyond 5 years would impact wastewater rates.
• Should a parklet operator, or City, terminate the license agreement prior to the 2- year license term, no capacity fees will be owed from the date of termination.
The payment plan option being offered by the City is similar to the practice by neighboring cities, including Culver City. Culver City’s outdoor dining program requires the City of Los Angeles’ wastewater capital facility fee to be paid up front and offers a payment plan for up to 12 months for the remaining portion of the wastewater fee. The City of Los Angeles’ outdoor dining program requires all wastewater fees (sewerage facility charge) to be paid all up front.
Of the 73 applicants who have applied for a parklet permit under the Parklet Program (SMMC Chapter 6.42), only five businesses have informed the City that they will add net new seats as part of their parklet operations. This equates to a total of 94 net new seats. Assuming the net new seats are for full-service ($1,358.49 per seat), this equates to a one-time fee of approximately $128,000 across multiple businesses. It should be noted that the number of net new seats on the application forms are self-reported by applicants and have not yet been verified by City staff. Therefore, it is possible that the number of overall net new seats for eating establishments may increase as Public Works conducts field inspections. Additionally, parklet operators should be aware that increasing occupancy or seating area may trigger additional code regulations or impacts that would require Building and Safety review, such as potentially affecting accessibility requirements (e.g., compliant path dimensions) and requiring increased restroom plumbing fixtures.
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Use of Outdoor Heaters
During the 2020 era of the pandemic when the Pilot Program was quickly implemented, overhead canopies and outdoor heaters were permitted by the City’s Fire Department, which was consistent with many jurisdictions across California. Subsequently, in December 2020 Cal Fire issued an official interpretation of California Fire Code 603.4 to clarify that propane heaters are prohibited inside of tents, canopies and membrane structures regardless of flame rating (CCR Title 19, Division 1 §332.(a) Flame Resistance) (Attachment B). Fire staff and the parklet team began messaging this change in regulation as early as January 2021 and updated the “Do’s and Don’ts” guide in September 2021 to reflect the prohibition on combustible (propane) heaters inside outdoor covered areas. Due to limited staff resources, it has been challenging to enforce this requirement.
Current regulations for propane heaters require an annual hazard control permit from the Fire Department. Permit holders are allowed a maximum of one additional tank to be stored without additional State reporting requirements. Consistent with State law, propane heaters are not permitted inside structures and must be placed at least 5 feet away from any tent, canopy or membrane structure. Propane heaters must also maintain a 6 feet clearance, both vertically and horizontally, from any street tree.
Canopies
• Solid roofs and overhead trellises are discouraged in Parklets due to the added complexity in applicable regulations and potential impacts to City infrastructure.
Erecting a roofed structure requires a building permit, which involves securing a licensed structural engineer to provide structural design and foundation details of how structure will be attached to the right-of-way. Prevalent modification or disturbance the right-of-way is not a preferred option for Public Works. • Parklets with overhead canopies/tents must have plans prepared by a licensed professional and require full review and approval by Building and Safety to account for wind load and required foundation.
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• Umbrellas are permitted and must be between 7 and 10 feet tall and cannot extend past the perimeter of the parklet or obstruct visibility into the parklet. For example, they must not be angled or bent in a way that obstructs visibility into the parklet. Umbrellas cannot cover or obstruct any street tree’s branches or leaves from being exposed to sunlight or rain. No part of a street tree should be compromised by the use of umbrellas or any elements of a parklet.
Parklet Size
The current parklet program allows a maximum of two parking spaces (approximately 320 square feet) per business. Standardizing parklet size citywide is more cost-efficient and manageable for City staff across many departments, including management of Public Works projects, Department of Transportation capital projects, and considers the operations of neighboring businesses that are not parklet operators. The two-space maximum is a standard across many jurisdictions (but not all), as demonstrated in the below table:
Municipality # of Spaces Permitted
San Francisco 2
Long Beach 2
Seattle 2
West Hollywood 3
Culver City 3
Los Angeles 2
The two-space maximum is intended to facilitate various modes of transportation and better accommodates the various demands for curb space such as:
• Managing and maintaining reliable transit services, as private vehicles frequently block bus stops and impact transit service when proximate curb space is otherwise unavailable;
• Deliveries or curbside pick-up and drop-off at designated loading zones for businesses, which often results in illegal and unsafe parking when curb space is unavailable;
• Safe path of travel for bicyclists or scooter users, who too often encounter vehicles blocking the bike lane; and
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• More easily allows for City maintenance and public works projects within the public right-of-way, such as tree trimming, utility improvements, sidewalk repair, compliance with ADA requirements, and other ongoing capital improvement projects.
Moreover, a two-parking space limitation eliminates, or greatly reduces, the burden on City staff time necessary to resolve neighbor disputes and complaints concerning the parklet operators’ use of the public-right-of way in front of neighboring businesses, which frequently occurred during the temporary Pilot Program. The permanent parklet program is staffed only by a .5 FTE Public Works inspector, which is insufficient to address the volume of complaints and dispute mediation that is generated by parklets that reside on neighboring storefront spaces, in addition to other customer service requests such as maintenance, site cleaning, noise, and parklet application management.
If a parklet operator’s frontage space is not directly in front of the parking space, or if more than half of such a space is in front of a neighboring tenant or property owner space, the parklet operator is required to obtain written consent from the neighboring tenant, or property owner, for approval of their parklet application. If the neighboring ground floor space is vacant, the parklet operator is required to obtain written consent from the property owner or, owner’s agent, to operate their parklet on the public-right-ofway in front of a neighboring tenant. This is similar to a process used by the City of San Francisco in administering their parklet program for neighbor consent. If a new neighboring tenant, or property owner, moves in after a parklet has been approved, the new neighboring tenant or property owner will have an opportunity to deny the use of the public-right-way space during the renewal period, which will occur every two years pursuant to SMMC Section 6.42.020(a).
Currently, approximately 8 parklets out of a total 70 parklets exceed the two-space maximum.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Peter James, Chief Operations Officer
Approved Forwarded to Council
Attachments:
A. Adopting SMMC Chapter 6.42 Establishing a Permanent Parklet Program (Web Link)
B. CAL FIRE Official Interpretation -December 2020
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