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HomeMy Public PortalAboutCity Council_Ordinance No. 22-1066_Adopting by Reference 2023 Los Angeles County Code00ft ORDINANCE NO. 22-1066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 7 BY ADOPTING BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), EXISTING BUILDING CODE (TITLE 33), CALIFORNIA GREEN BUILDING STANDARDS CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS ADD BY ADDING A NEW CHAPTER 10 ELECTRIC VEHICLE CHARGING STATIONS PERMITTING TO TITLE 7 WHEREAS, it is the intent of the City Council, in enacting this ordinance, to adopt the Los Angeles County Code pertaining to Building Code regulations. WHEREAS, Assembly Bill 1236 requires a city, county, or city and county to administratively approve an application to install an electric vehicle charging station through the issuance of a building permit or similar nondiscretionary permit subject to a limited review by the building official; and WHEREAS, for larger cities, Assembly Bill 970's provisions would become operative on January 1, 2022, but for every city, county, or city and county with a population of less than 200,000 residents, the bill's provisions would apply beginning on January 1, 2023. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Findings and local conditions. OEM A. California law requires that on January 1, 2023, all portions of the 2023 California Code of Regulations Title 24 will be effective within the City. B. The City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon climatic, topographical or geological conditions. C. The City shall file the amendments, additions or deletions with the California Building Standards Commission. D. The Building Official has recommended modifying certain parts of the California Code of Regulations Title 24 due to local climatic, topographical and geological conditions in the City. E. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5, and are incorporated by reference herein. F. The City Council hereby finds, determines and declares that those certain amendments to the State Code are appropriate and necessary to meet local conditions existing in the City, and this Council hereby further finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological conditions. G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the City A..q of Temple City Municipal Code, are exempt from the provisions of the California Environmental Quality Act. Page 1 of 14 ORDINANCE NO. 22-1066 The recitals set forth herein above are adopted as findings of the City Council. SECTION 2: The purpose of this ordinance is to amend the City of Temple City Municipal Code by adopting by reference, and amending where necessary, that certain ordinances of the County of Los Angeles Codes, Building, Electrical, Plumbing, Mechanical, Residential, Existing Building Codes, which adopt by reference California Building, Electrical, Mechanical, Plumbing, Residential, and Existing Building Codes (Title 24, Parts 2, 2.5, 3, 4, 5, and 10) and which make amendments, additions and deletions thereto. Adopt by reference California Green Building Standards Code (Title 24, Part 11) and add a new Chapter 10 EV Charging Stations Permitting. Therefore, set forth in Exhibit "A" of this Ordinance the City of Temple City Municipal Code is hereby amended by repealing the old and replacing with the new 1. Title 7, Chapter 1, Sections 7-1-1, 7-1-2, 7-1-3, 7-14; 2. Title 7, Chapter 2, Sections 7-2-1, 7-2-2, 7-2-3; 3. Title 7, Chapter 3, Sections 7-3-1, 7-3-2, 7-3-3; 4. Title 7, Chapter 4, Sections 7-4-1, 7-4-2, 7-4-3; 5. Title 7, Chapter 5, Sections 7-5-1, 7-5-2, 7-5-3; 6. Title 7, Chapter 6, Sections 7-6-1, 7-6-2, 7-6-3; 7. Title 7, Chapter 9, Sections 7-9-1, 7-9-2, 7-9-3. And By adding a new 8. Title 7, Chapter 10 SECTION 3: Continuation of existing law. Where they are substantially the same as existing law, the provisions of the City of Temple City Building, Residential, Electrical, Plumbing, Mechanical, Green and Existing Building Codes shall be considered continuations of existing law and shall not be considered new enactments. SECTION 6: Catchlines of Sections. The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall •-� not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. SECTION 7: Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 8: Publication. The City Clerk shall certify to the passage of this ordinance and shall cause it to be published according to legal requirements. SECTION 9: Effective Date. This Ordinance shall take effect on January 1, 2023. SECTION 10: Filing the Ordinance and Express Findings. The Building Official shall file this ordinance with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. PASSED, APPROVED AND ADOPTED this 15th day of November, 2022. w William Man, Mayor Pro Tem Page 2 of 14 ATTEST: Peggy Kuo,'tit)rC1Errk APPROVED AS TO FOR Greg Murph &ityAttor ORDINANCE NO. 22.1066 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 22- 1066 was introduced at the regular meeting of the City Council of the City of Temple City held on the 1" day of November, 2022 and was duly passed, approved and adopted by said Council at the regular meeting held on November 1511, 2022 by the following vote: AYES: Councilmember— Chavez, Vizcarra, Yu, Man NOES: Councilmember — None ABSENT: Councilmember— Sternquist ABSTAIN: Councilmember— None Page 3 of 14 ORDINANCE NO. 22-1066 EXHIBIT "A" TITLE 7. BUILDING REGULATIONS CHAPTER 1. BUILDING CODE 7-1-1 ADOPTION OF LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE Chapters 2 through 35, 66, 67, 96, 98, 99 and Appendices C, F, H, I, J and O of Title 26, Los Angeles County Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Building Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal -Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance by section 7-1.02 below. In accordance with Section 50022.6 of the California Government Code, not less than one copy of said Title 26 of the Los Angeles County Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division, shall be remain on file with the Building Official, shall collectively be known as the City of Temple City Building Code and may be cited as Title 7 Chapter 1 of the City of Temple City Municipal Code. 7-1-2 BUILDING CODE MODIFIED Chapters Appendix J of Title 26 of the Los Angeles County Code, adopted by reference as the Building Code of the City of Temple City, are hereby amended, deleted or added as follows: a. Section J103.5 is amended in its entirety to read: J 103.5 Grading Fees. Fees shall be assessed in accordance with the provisions of this section. Fees shall be assessed in accordance with the provisions of this section. The amount of the fees shall be as specified in Section 115 of this code. . J 103.5.1 Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the total volume of excavation and fill. J 103.5.2 Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. b. Section J 103.6 is amended in its entirety to read: J 103.6 Compliance with Zoning Code. The building official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply with the provisions of Zoning Regulations" of the City of Temple City Municipal Code. c. Section J105.12 is amended in its entirety to read; J 105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are Page 4 of 14 ORDINANCE NO. 22-1066 on=% required for engineered grading or when professional inspection is otherwise required by the Building Official: 1- A certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer's area of responsibility was done in accordance with the final approved grading plan. 2. A report prepared by the Soils Engineer retained to provide such services in accordance with Section J105.4, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. The report shall include a certification by the Soils Engineer that to the best of his or her knowledge, the work within the Soils Engineer's area of responsibility is in accordance with the approved Soils Engineering report and applicable provisions of this chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. 3. A report prepared by the Engineering Geologist retained to provide such services in accordance with Section J105.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of such new information, if any, on the recommendations incorporated in the approved grading plan. The report shall contain a certification by the Engineering Geologist that, to the best of his or her knowledge, the work within the Engineering Geologists area of '�" responsibility is in accordance with the approved engineering geology report and applicable provisions of this Chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement. or slippage. The report shall contain a final as -built geologic map and cross-sections depicting all the information collected prior to and during grading, 4. The grading contractor shall certify, on a form prescribed by the Building Official that the grading conforms to the approved plans and specifications 7-1-3 EFFECT OF ADOPTION The adoption of the city Building Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. Page 5 of 14 ORDINANCE NO. 22-1066 7-1-4 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. -- This section left intentionally blank -- Page 6 of 14 ORDINANCE NO. 22-1066 """ TITLE 7. BUILDING REGULATIONS CHAPTER 2. MECHANICAL CODE 7-2-1 LOS ANGELES COUNTY CODE, TITLE 29, MECHANICAL CODE ADOPTED Los Angeles County Mechanical Code Chapter 2 through Chapter 17 and Appendices B, C and D, Title 29, the 2023 Los Angeles County Mechanical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Mechanical Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. Not less than one copy of said Title 29 of the Los Angeles County Mechanical Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division and shall be remain on file with Building Official, and shall collectively be known as the City of Temple City Mechanical Code and may be cited as Title 7 Chapter 2 of the City of Temple City Municipal Code. 7-2-2 EFFECT OF ADOPTION The adoption of this code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any am% ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-2-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 7 of 14 ORDINANCE NO. 22-1066 TITLE 7. BUILDING REGULATIONS CHAPTER 3. ELECTRICAL CODE 7-3-1 LOS ANGELES COUNTY CODE, TITLE 27, ELECTRICAL CODE ADOPTED Los Angeles County Electrical Code Article 90, Chapter 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J, Title 27, The 2022 Los Angeles County Electrical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Electrical Code, except as otherwise provided in said Title 27, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022. 10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. Not less than one copy of said Title 27 of the Los Angeles County Electrical Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division and shall be remain on file with Building Official, and shall collectively be known as the City of Temple City Electrical Code and may be cited as Title 7 Chapter 3 of the City of Temple City Municipal Code. 7-3-2 EFFECT OF ADOPTION The adoption of this Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. omm (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-3-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 8 of 14 ORDINANCE NO. 22-1066 AMR TITLE 7. BUILDING REGULATIONS CHAPTER 4. PLUMBING CODE 7-4-1 LOS ANGELES COUNTY CODE, TITLE 28, PLUMBING CODE ADOPTED Los Angeles County Plumbing Code Chapter 2 through Chapter 17, and Appendices A.B, D, H, I and J, Title 28, the 2023 Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Plumbing Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein„ and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. Not less than one copy of said Title 28 of the Los Angeles County Plumbing Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division and shall be remain on file with Building Official, and shall collectively be known as the City of Temple City Plumbing Code and may be cited as Title 7 Chapter 4 of the City of Temple City Municipal Code. 7-4-2 EFFECT OF ADOPTION The adoption of this code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any O.. ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-4-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 9 of 14 ORDINANCE NO. 22-1066 TITLE 7. BUILDING REGULATIONS CHAPTER 5. RESIDENTIAL CODE 7-5-1 LOS ANGELES COUNTY CODE, TITLE 30, RESIDENTIAL CODE ADOPTED Section 1206 (Sound Transmission) of Chapter 12, Chapters 67,69, 96, 98, 99, and appendix J of Title 26 of the Los Angeles County Code are adopted by reference as amended by City of Temple City Building Code (7-1-2) and incorporated in to this Section 7-5-01 as if fully set forth below and shall be known as Section 1206 of Chapter 12, Chapters 67,69, 96, 98, 99, and appendix J of the City of Temple City Residential Code. Chapters 2 through 10, 44 and Appendix AH, AQ, AJ, AS of Title 30, Los Angeles County Residential Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Residential Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. Not less than one copy of said Title 30 of the Los Angeles County Residential Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division and shall be remain on file with Building Official, and shall collectively be known as the City of Temple City Residential Code and may be cited as Title 7 Chapter 5 of the City of Temple City Municipal Code. 7-5-2 EFFECT OF ADOPTION The adoption of this Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: •-� (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-5-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 10 of 14 ORDINANCE NO. 22-1066 a" TITLE 7. BUILDING REGULATIONS CHAPTER 6. GREEN BUILDING STANDARDS CODE 7-6-1 CALIFORNIA GREEN BUILDING STANDARDS CODE ADOPTED Chapters 2 through 8, Appendix A4, and Appendix A5 of 2022 California Green Building Standards Code, California Code of Regulations Title 24 Part 11, as published by the California Building Standards Commission, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. In accordance with Section 50022.6 of the California Government Code, not less than one copy of said 2022 California Green Building Standards Code, California Code of Regulations Title 24 Part 11 together with any and all amendments thereto proposed by the City of Temple City, has been and is now filed in the office of the Building and Safety Division, shall be remain on file with the Building Official, shall collectively be known as the City of Temple City Green Building Standards Code and may be cited as Title 7 Chapter 6 of the City of Temple City Municipal Code. 7-6-2 EFFECT OF ADOPTION The adoption of this Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the OMM collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-6-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 11 of 14 ORDINANCE NO. 22-1066 TITLE 7. BUILDING REGULATIONS CHAPTER 9. EXISTING BUILDING CODE 7-9-1 LOS ANGELES COUNTY CODE, TITLE 33, EXISTING CODE ADOPTED Los Angeles County Existing Building Code Chapter 2 through 4, 15, 16 and Appendix A, Chapter Al, A3, A4 and A5 of the Title 33, the 2023 Los Angeles County Existing Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Existing Building Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. Not less than one copy of said Title 33 of the Los Angeles County Existing Building Code together with any and all amendments thereto proposed by the City of Temple City, has been and is now fled in the office of the Building and Safety Division and shall be remain on file with Building Official, and shall collectively be known as the City of Temple City Existing Building Code and may be cited as Title 7 Chapter 6 of the City of Temple City Municipal Code. 7-9-2 EFFECT OF ADOPTION The adoption of this Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. "'� (D) Bonds and cash deposits required to be posted, fled or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 7-9-3 PENALTY; VIOLATIONS. (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent, as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. Page 12 of 14 ORDINANCE NO. 22-1066 TITLE 7. BUILDING REGULATIONS CHAPTER 10. ELECTRIC VEHICLE CHARGING STATIONS PERMITTING 7-10-1 INTENT AND PURPOSE. The purpose of this chapter is to establish an expedited, streamlined electric vehicle charging stations permitting process to achieve timely and cost-effective installations electric vehicle charging stations, and, to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. 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. 7-10-2 DEFINITIONS. For the purpose of this Article, words and terms used in this Article shall have the meanings set forth in this Section. Where terms are not defined in this Section and are defined elsewhere in this Code, or the Building Code, such terms shall have the meanings ascribed to them in such codes. The terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7. 7-10-3 EXPEDITED REVIEW PROCESS. A. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations and a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current a"" version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero - Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The City's checklist shall be published on the City's website. B. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. C. Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. D. A permit application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 7-10-4 SPECIFIC ADVERSE IMPACT FINDING It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life -safety situations. If the Building Official Page 13 of 14 ORDINANCE NO. 22-1066 makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit Page 14 of 14