ORDINANCE 1409ORDINANCE NO. 1409
AN ORDINANCE INCORPORATING THE 2007 CALIFORNIA BUILDING
CODE VOLUMES IAND II ( "CBC ") BY REFERENCE AND AMENDING
THE CBC BASED UPON LOCAL CLIMATIC, TOPOGRAPHIC, AND
GEOGRAPHICAL CONDITIONS.
The council of the city of El Segundo does ordain as follows:
SECTION 1. FINDINGS. The City Council finds and declares as follows:
A. In accordance with Health & Safety Code § 17958.7, it is in the public
interest to adopt the 2007 Edition of the California Building Code Volumes I, and
II ( "CBC ") with the changes set forth in this Ordinance.
B. Pursuant to the requirements of Health and Safety Code § 17958.7, the
City Council finds the following:
1. There are local geographical conditions justifying the CBC
amendments set forth below. Specifically, the City is located in an area
with a high probability for a severe seismic event. Studies resulting from
the 1994 Northridge Earthquake determined that additional structural
requirements in the City's building codes are needed to give buildings a
reasonable degree of structural integrity to help protect public health and
safety in the event of a seismic event; and
2. There are local topographical conditions justifying the CBC
amendments set forth below. The City has hillside and flat land
developments that require special drainage precautions. Structures would
be subject to water damage without special requirements addressing site
drainage. The City has a mixture of structures with varying heights that
make fire suppression response difficult. Occupants of structures may be
subject to fire and smoke hazards.
C. The specific amendments of the CBC that fulfill this requirement:
1. CBC Chapter 16 to 23 regulate the general design requirements
applicable to the construction of all structures and portion thereof
regulated by this code.
D. Based upon the foregoing findings, the changes made to the CBC by this
Ordinance are reasonably necessary to provide sufficient and effective protection
of life, health and property.
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SECTION 2. Chapter 1 to Title 13 of the El Segundo Municipal Code ( "ESMC ") is
amended to read as follows:
"CHAPTER 1
BUILDING CODE
SECTION:
13 -1 -1: Adoption of California Building Code, 2007 Edition.
13 -1 -2: Amendments, Additions and Deletions.
13 -1 -3: Building Permit Limitations.
13 -1 -4 Residential Noise Insulation Standards: Further
Amendments to Code"
SECTION 3. El Segundo Municipal Code ( "ESMC ") § 13 -1 -1 is amended in its entirety
to read as follows:
"13 -1 -1: ADOPTION OF CALIFORNIA BUILDING CODE, 2007
EDITION. Pursuant to California Government Code § 50022.2, the
California Building Code, 2007 Edition, Volumes I and II published as Title
24, Part 2, of the California Code of Regulations, including Appendices
Chapter 1, B, F, H, I and J ( "CBC ") are adopted by reference, subject to
the amendments, additions and deletions set forth below. One true copy
of the CBC is on file in the office of the Building Officials and is available
for public inspection as required by law."
SECTION 4. ESMC § 13 -1 -2 is amended in its entirety to read as follows:
"13 -1 -2: AMENDMENTS, ADDITIONS AND DELETIONS:
A. DELETIONS TO THE CODE: Table No. 1 -A, entitled Building Permit Fees, of
the CBC is deleted. Fees will be established by city council resolution.
B. AMENDMENTS TO THE CODE:
CBC § 108.4 is amended to add the following:
When submittal documents are required by Section 106, Appendix
Chapter 1, a plan review fee must be paid at the time of submitting
documents for plan review. Plan review fees are set by resolution.
The plan review fees specified in this section are separate fees from the
permit fees and are in addition to the permit fees.
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When submittal documents are incomplete or changed so as to require
additional plan review or when the project involves deferred submittal
items, an additional plan review fee will be charged at the rate set by
resolution.
CBC § 202 is amended to add and /or modify the following definitions to read as
follows:
ADMINISTRATOR: The City Manager, or designee.
BUILDING ACCESS means an exterior door opening conforming to all of the
following:
1. Suitable and available for fire department use, opening onto or adjacent to
a public way or a fire department access road as described in Section 902.
2. Located not more than 2 feet (609.6 mm) above adjacent ground level.
3. Leading to a space, room or area having foot traffic communication
capabilities with the remainder of the building.
4. Designed to permit access with the use of keys available in an approved
key lock box.
LOW -RISE BUILDING is any building that is less than four stories in height from
the lowest level of fire department access. Measurement will be from the topside
of the roof above the topmost space that can be occupied to the lowest floor level
of building access, as defined in Section 202.
MID -RISE BUILDING is any building having space used for human occupancy
four complete stories or more in height while being 75 feet (22,860 mm) or less in
height and not defined as a high -rise building by Section 202. Measurement will
be from the topside of the roof above the topmost space that can be occupied to
the lowest floor level of building access, as defined in Section 202.
CBC § 903.2.6 is amended to read as follows:
§ 903.2.6 Group B and M. An automatic sprinkler system must be installed throughout
buildings containing a Group B or Group M occupancy where one of the following
conditions exists:
1. Where a Group B or M fire area exceeds 12,000 square feet (1115m2) on
any one floor;
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2. Where a Group B or M fire are a exceeds 24,000 square feet (2,230 m2)
on all floors; and
3. The area of mezzanine must be included in determining the areas where
sprinklers are required.
CBC § 903.2.10.3 is amended to read as follows:
§ 903.2.10.3 Building four (4) stories or more in height. An automatic sprinkler
system must be installed throughout all buildings having usable floor area four stories or
more above grade, or buildings attached thereto.
CBC § 910.1 is amended to read as follows:
& 910.1 General. Where required by this code or otherwise installed
smoke and heat vents or mechanical smoke exhaust systems and draft
curtains must conform to the requirements of this section.
EXCEPTIONS:
1. Frozen food warehouses used solely for storage of Class I and II
commodities where protected by an approved automatic sprinkler system.
2. Where areas of buildings are equipped with early suppression fast -
response (ESFR) sprinklers, smoke and heat venting must be provided by
mechanical smoke exhaust systems in accordance with Section 910.4
within these areas.
§ CBC 2306.4 is amended to remove CBC §2306.4.3, 2306.4.4 and 2306.4.5 but
adding the following language:
"No shear walls using particle board, fiberboard, gypsum wall board or stucco shall be
permitted.
Hold -down connectors must be designed to resist shear wall overturning moments
using approved cyclic load values or 75 percent of the allowable earthquake load values
that do not consider cyclic loading of the product. Hold -downs must be re- tightened just
before covering the wall framing.
Interior braced wall support. Interior braced wall lines must be supported on
continuous foundations.
CBC Tables 2306.4.3, 2306.4.4 and 2306.4.5 are deleted.
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CBC § 3103 is amended to read as follows:
3103 — TEMPORARY BUILDINGS, STRUCTURES, AND TRAILERS
Temporary buildings or structures such as reviewing stands and other
miscellaneous structures, sheds, canopies of fences used for the protection of
the public around and in conjunction with construction work may be erected by
special permit from the building official for a limited period of time. Such
buildings or structures need not comply with the type of construction or fire -
resistive time periods required by this code. Temporary buildings or structures
must be completely removed upon the expiration of the time limit stated in the
permit.
Section 3103.1. General. Temporary structures must conform to the
requirements of this chapter and the El Segundo Municipal Code.
Section 3103.2. Defined. Temporary buildings, trailers, and structures are
structures that are installed or constructed for a period of one year or less.
Section 3103.3. Permit Required. A permit will be issued for each temporary
structure installation subject to the approval of the Building Official.
Section 3103.4. Application for Permit; Fees. Any person legally entitled to apply
for and receive a permit must make such application on forms provided for that
purpose. The person will give a description of the character of the work proposed
to be done, and the location, ownership, occupancy and use of the premises in
connection therewith. The Building Official may require plans, specifications or
drawings and such other information as he may deem necessary.
If the Building Official determines the temporary structure is in compliance with
said Code, the Building Official will issue the permit applied for upon payment of
required fee.
Fees are set forth in the City's fee resolution.
Section 3103.5. Time Extension. A request for an extension of time beyond one
year must be made in writing and thereafter submitted to the City Council for its
consideration and approval.
The City Council may permit a one -year extension beyond the first, second, and
third years if a valid building permit has been issued to construct a permanent
building to replace such temporary structure, before any extension beyond the
second year.
Section 3103.6 Re- inspection Fees. A permit not renewed or cancelled by the
termination date thereon will cause the Building Official to make weekly
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inspections to assure conformance to Codes until such time the permit is
renewed or cancelled. A re- inspection fee per unit for each inspection will be
charged until such time the permit is renewed or cancelled by the permittee. In
addition, any permit not renewed or cancelled within 180 days of expiration will
have the Certificate of Occupancy revoked and the permittee will be charged a
per day processing fee to offset the cost of further inspections, processing, and
legal proceedings.
Permitted Locations; Screening. Temporary structures may be permitted in all
non - residential zones. Temporary structures installed or constructed for a period
of three months or more must be screened from the public view when required
by, and in a manner subject to the approval of the Building Official.
CBC Appendix § J103 is amended as follows:
J103.3 and J103.4 are added to read as follows:
J103.3 Plan Review Fees. When a plan or other data are required to be submitted, a
plan review fee must be paid at the time of submitting plans and specifications for
review. The plan review fee must be as set by resolution. Separate plan review fees
will apply to retaining walls or major drainage structures as required elsewhere in this
code. For excavation and fill on the same site, the fee will be based on the volume of
excavation or fill, whichever is greater.
J103.4 Grading Permit Fees. A fee for each grading permit will be paid to the Building
Official as set forth by resolution. Separate permits and fees will apply to retaining walls
or major drainage structures as required elsewhere in this code. There is no separate
charge for standard terrace drains and similar facilities.
CBC Appendix § J107 is amended as follows:
J107.4.1 is added to read as follows:
J107.4.1 Construction Debris. Construction debris cannot be buried on any
construction site, and must be removed before final inspection. "
SECTION 5. ESMC § 13 -1 -3 is amended in its entirety to read as follows.
"13 -1 -3: BUILDING PERMIT LIMITATIONS:
A. No building permit may be issued for any structure listed in this Section
until the Planning Commission determines either:
1. That the project will not have a potential for a significant effect on
the environment; or
2. That the significant environmental effects of the project would either
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be mitigated in a manner approved in a certified environmental
impact report; or are overridden by findings in accordance with the
Public Resources Code §§ 21000 et seq.
B. The structures to which this section applies are:
1. Single- family residential units when such development is in
conjunction with three (3) or more units.
2. Multi- family residences including apartments and condominiums
involving more than six (6) residential units.
3. Multi- family residences including apartments and condominiums
involving two (2) or more buildings irrespective of the number of units.
4. New commercial, institutional and industrial structures which
exceed a maximum occupant load of thirty (30) persons.
5. New commercial, institutional and industrial structures exceeding a
floor area of fifteen thousand (15,000) square feet.
6. New commercial, institutional and industrial structures whose
parking requirements exceed seventy five (75) parking spaces.
7. New commercial, institutional and industrial structures involving
four (4) or more such structures.
8. Additions to existing structures exceeding a floor area of ten
thousand (10,000) square feet.
9. Tenant improvements which result in a change in land use or an
unmet parking need."
SECTION 5: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City
Council determines that this ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQK) and the regulations promulgated thereunder (14 California Code of
Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of
minor revisions and clarifications to an existing code of construction - related regulations
and specification of procedures related thereto and will not have the effect of deleting or
substantially changing any regulatory standards or findings required therefor. This
ordinance, therefore, is an action being taken for enhanced protection of the
environment and that does not have the potential to cause significant effects on the
environment. Consequently, it is categorically exempt in accordance with CEQA
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Guidelines § §15301 as a minor alteration of existing public or private structures
involving no expansion of use; 15305 as a minor alteration in land use limitations which
do not result in any changes in land use or density; and 15308 as an action taken by a
regulatory agency as authorized by California law to assure maintenance or protection
of the environment.
SECTION 6: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any other
city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or
preclude prosecution and imposition of penalties for any violation occurring before, this
Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
SECTION 7: SEVERABILITY. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the city council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or
its application is deemed invalid by a court of competent jurisdiction, any repeal of the
ESMC or other city ordinance by this Ordinance will be rendered void and cause such
ESMC provision or other city ordinance to remain in full force and effect for all purposes.
SECTION 9: Building plans that are submitted to the City of El Segundo for plan check
and that are determined to be substantially complete by the City of El Segundo Planning
and Building Safety Department (that is, detailed architectural plans are submitted and
plan check fees are paid to the City) before January 1, 2008 are exempt from this
Ordinance. Persons may appeal the Director's decision in accordance with ESMC § 13-
16 -3.
SECTION 10: EFFECTIVE DATE. This Ordinance will become effective on the thirty
first (31 st) day following its passage and adoption.
PASSED AND ADOPTED this 7th day of November , 2007.
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APPROVED AS FO
MARK HENSL
f(,,
By:
Karl H. Berger
Assistant City Attorney,
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. i 4o9 was duly introduced by said City Council at a regular meeting
held on the 16th day of October , 2007, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the 7th day
Of November 2007, and the same was so passed and adopted by the
following vote:
AYES: McDowell, Busch, Fisher, Jacobson
NOES: None
ABSENT: Boulgarides
ABSTAIN: None
(�� �)61 1 rw
Cindy Mortes n, City Clerk
PAPlanning and Building Safety \Building \Code Adoption\2007 Codes \CC 11- 07- 07\2007.11.07. Building Code Ord
140g.doc
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