Loading...
HomeMy Public PortalAboutOrdinance 11-945ORDINANCE NO. 11 -945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING BY REFERENCE TITLES 26 THROUGH 31 OF THE LOS ANGELES COUNTY CODE, WHICH ADOPT BY REFERENCE THE 2010 CALIFORNIA BUILDING CODE, THE 2010 CALIFORNIA ELECTRICAL CODE, THE 2010 CALIFORNIA PLUMBING CODE, THE 2010 CALIFORNIA MECHANICAL CODE, THE 2010 CALIFORNIA RESIDENTIAL CODE, AND THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND ADOPT LOCAL AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Adoption by Reference of Titles 26 Through 31 of the Los Angeles County Code. The City Council hereby adopts by reference Titles 26 through 31 of the Los Angeles County Code in their entirety, except as amended hereinafter. SECTION 2. Amendment of Section 7100 of the Temple City Municipal Code. Section 7100 of the Temple City Municipal Code is hereby amended to read as follows: 7100. ADOPTION OF CODE The 2010 California Building Code, as codified in and amended by Title 26 of the Los Angeles County Code, is hereby adopted by reference as the City's Building Code, except as expressly amended by subsequent sections in this chapter. The City does not adopt by reference the fees contained in Title 26. SECTION 3. Amendment of Section 7102 of the Temple City Municipal Code. Section 7102 of the Temple City Municipal Code is hereby amended to read as follows: 7102. AMEND LOS ANGELES COUNTY BUILDING CODE, DEFINITIONS Notwithstanding the provisions of Section 7100, the definitions in Section 202 of Title 26 of the Los Angeles County Code are amended as follows: Section 202 Definitions. Whenever any of the names or terms defined in this Section are used in this Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this Section. "Board of Appeals" shall mean the Board of Appeals established by Section 105'hereof. "Building Department" shall mean the Building and Safety Division.of the Los Angeles County Department of Public Works acting as the Building and Safety District Engineer. "Building Official" shall mean the Director of Public Works of the County of Los Angeles acting as the Building and Safety District Engineer. "City" shall mean the city of Temple City except in Section 101.3 of said Building Code. "County," "County of Los Angeles," or "unincorporated territory of the County of Los Angeles" shall mean the city of Temple City. "Electrical Code" shall mean the Electrical Code as adopted by TCMC 7300. "Fire Code" shall mean the Fire Code as adopted by TCMC 3100. Ordinance No. 11 -945 Page 2 "Fire Zone" shall mean the fire zone adopted by an ordinance creating and establishing fire zones. "General Fund" shall mean the City Treasury of the city of Temple City. "Health Code" or "Los Angeles County Health Code" shall mean the Health Code as adopted by TCMC 3200 as amended. "Health Officer" shall mean the Health Officer of the city of Temple City. "Mechanical Code" shall mean the Mechanical Code as adopted by TCMC 7200 as amended. "Plumbing Code" shall mean the Plumbing Code as adopted by TCMC 7400 as amended. "Special Inspector" shall mean a person holding a valid Certificate of Registration issued by the County of Los Angeles as set forth in Section 108.6 of this Code. SECTION 4. Amendment of Section 7300 of the Temple City Municipal Code. Section 7300 of the Temple City Municipal Code is hereby amended to read as follows: 7300. ADOPTION OF CODE The 2010 California Electrical Code, as codified in and amended by Title 27 of the Los Angeles County Code, is hereby adopted by reference as the City's Electrical Code, except as expressly amended by subsequent sections in this chapter. The City does not adopt by reference the fees in Title 27. SECTION 5. Amendment of Section 7400 of the Temple City Municipal Code. Section 7400 of the Temple City Municipal Code is hereby amended to read as follows: 7400. ADOPTION OF CODE The 2010 California Plumbing Code, as codified in and amended by Title 28 of the Los Angeles County Code, is hereby adopted by reference as the City's Plumbing Code, except as expressly amended by subsequent sections in this chapter. The City does not adopt by reference the fees in Title 28. SECTION 6. Amendment of Section 7200 of the Temple City Municipal Code. Section 7200 of the Temple City Municipal Code is hereby amended to read as follows: 7200. ADOPTION OF CODE. The 2010 California Mechanical Code, as codified in and amended by Title 29 of the Los Angeles County Code, is hereby adopted by reference as the City's Mechanical Code, except as expressly amended by subsequent sections in this chapter. The City does not adopt by reference the fees in Title 29. SECTION 7. Addition of Chapter 5 to Title 7 of the Temple City Municipal Code. Title 7 of the City of Temple City Municipal Code is hereby amended by adding Chapter 5 to read as follows: Chapter 5 RESIDENTIAL CODE 7500. ADOPTION OF CODE The 2010 California Residential Code, as codified in and amended by Title 30 of the Los Angeles County Code, is hereby adopted by reference as the City's Residential Code, except as expressly amended by subsequent section in this chapter. The City does not adopt by reference the fees in Title 30. Ordinance No. 11 -945 Page 3 7501. PENALTY Every person violating any provision of the 2010 California Residential Code as amended by Title 30 of the Los Angeles County Code and appendices, adopted by reference by TCMC. Section 7500, or of any permit or license granted there under, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed five hundred dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition.of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. 7502. AMENDMENTS GENERALLY Title 30, as adopted by Section 7500 is hereby amended as follows:. Whenever reference is made to the County of Los Angeles or to the incorporated area of the County, such area shall be deemed to include within its corporate limits the area of the City of Temple City for purposes of fulfilling the requirements of this Chapter. 7503. CONFLICT Whenever an apparent conflict or inconsistency .exists between any provision of Title 30, as adopted in Section 7500, and any provision of the Temple City Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Temple .City Municipal Code shall prevail. 7504. NO ENTITLEMENT CREATED HEREBY The adoption hereby of Title 30 as set forth in Section 7500 shall not be construed for any purpose as creating any entitlement or authorizing any business or use, which is prohibited. by any provision contained in the Temple City Municipal Code. 7505: SEVERABILITY The city council hereby declares that should any provision, section, paragraph, sentence or word of this chapter or Title 30, hereby adopted by reference in Section 7500, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter and Title 30 hereby adopted shall remain in full force and effect. SECTION 8. Addition of Chapter 6 to Title 7 of the Temple City Municipal Code. Title 7 of the City of Temple City Municipal Code is hereby amended by adding Chapter 6 to read as follows: Chapter 6 GREEN BUILDING STANDARDS CODE 7600. ADOPTION OF CODE. The 2010 California Green Building Standards Code, as codified in and amended by Title 31 of the Los Angeles County Code, is hereby adopted by reference as the City's Green Building Standards Code, except as expressly amended by subsequent sections in this chapter. The City does not adopt by reference the fees in Title 31. 7601. PENALTY Every person violating any provision of the 2010 California Green Building Standards Code as amended by Title 31 of the Los Angeles County Code and appendices, adopted by reference by Ordinance No. 11 -945 Page 4 TCMC 7600, or of any permit or license granted there under, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed five hundred dollars or imprisonment not to exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense. 7602. AMENDMENTS GENERALLY Title 31 as adopted by Section 7600 is hereby amended as follows: Whenever reference is made to the County of Los Angeles or to the incorporated area of the County, such area shall be deemed to include within its corporate limits the area of the City of Temple City for purposes of fulfilling the requirements of this Chapter. 7603. CONFLICT Whenever an apparent conflict or inconsistency exists between any provision of Title 31, as adopted in Section 7600 and any provision of the Temple City Municipal Code, each provision shall be construed so as to supplement the other. In the event any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Temple City Municipal Code shall prevail. 7604. NO ENTITLEMENT CREATED HEREBY The adoption hereby of Title 31 as set forth in Section 7600 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Temple City Municipal Code. 7605. SEVERABILITY The city council hereby declares that should any provision, section, paragraph, sentence or word of this chapter or Title 31 hereby adopted by reference in Section 7600, be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter and Title 31 hereby adopted shall remain in full force and effect. SECTION 9. Findings. The City Council hereby adopts by reference and makes each of the findings of reasonable necessity for the modifications to the 2010 Building Code, 2010 Electrical Code, 2010 Plumbing Code, 2010 Mechanical Code, 2010 Residential Code and 2010 Green Building Standards Code made in Titles 26 through 31 of the Los Angeles County Code, as stated in County Ordinance Nos. 2010 -0053, 2010 -0054, 2010 -0055, 2010 -0056, 2010 -0057 and 2010 -0058. These modifications to the California Building Standards Codes are reasonably necessary due to the local climatic, geological and /or topographical conditions characterized by hot, dry summers and the high potential for seismic activity which make structures particularly vulnerable to rapidly spreading fires and structural damage. SECTION 10. Copies of Codes. Copies of the herein referenced codes are on file with the City Clerk of the City of Temple City; said documents are available for examination during normal business hours. SECTION 11. CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed Ordinance does not have such potential. 1 1 1 Ordinance No. 11 -945 Page 5 SECTION 12. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. APPROVED AND ADOPTED on this 6th day of September 2011. ATTEST: I, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance 11- 945, was introduced at the regular meeting of the City Council of the City of Temple City held on the 16th day of August, 2011 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 6th of September, 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Vizcarra, Chavez NOES: Councilmember -None ABSENT: Councilmember -Yu ABSTAIN: Councilmember -None City Clerk