HomeMy Public PortalAboutOrd 1165l
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ORDINANCE NO. 1165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, ADDING CHAPTER 15.14 "CALIFORNIA RESIDENTIAL CODE, 2019
EDITION" TO TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE RANCHO
MIRAGE MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA RESIDENTIAL CODE
WHEREAS, the City of Rancho Mirage ("City") is a charter city and a political
subdivision of the State of California ; and
WHEREAS, the State of California adopted and approved the 2019 edition of the
California Building Standards Code (BSC), which is published in Title 24 of the California
Code of Regulations and includes the 2019 California Residential Code which is based on
the latest national and international model building codes ; and
WHEREAS, the BSC shall become effective on January 1, 2020 ; and
WHEREAS, the City wishes to adopt the 2019 edition of the California Residential
Code , as set forth in Part 3 of the BSC, along with certain local amendments; and
WHEREAS, Government Code section 50022 .2 authorizes cities to enact ordinances
adopting any code by reference; and
WHEREAS, pursuant to California Health & Safety Code sections 17958.7 and
18941 .5(b ), the City is permitted to adopt amendments to the BSC provided that
amendments. that are more restrictive than the State-adopted standards are supported by
findings of the City Council that the amendments are necessary due to local climatic,
topographical or geological conditions; and
WHEREAS, the City 's Building Official has not proposed any substantive
amendments to the 2019 California Residential Code which are more stringent than the
standards established by the BSC ; and
WHEREAS , the City Council conducted a duly noticed public hearing to consider
adoption of, and amendments to , the 2019 California Residential Code; and
WHEREAS , the City Council finds that the amendments to the 2019 California
Residential Code recommended by the Building Official are administrative in nature and do
not set standards more restrictive than the State-adopted standards.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set
forth herein.
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Section 2. ADDITION OF CHAPTER 15.14 TO TITLE 15 OF THE RANCHO
MIRAGE MUNICIPAL CODE
Chapter 15.14 "California Residential Code, 2019 Edition" of Title 15 "Buildings and
Construction" of the Rancho Mirage Municipal Code is hereby added to read entirely as
follows :
Chapter 15.14 CALIFORNIA RESIDENTIAL CODE, 2019 EDITION
15.14.010 California Residential Code adopted with amendments.
A. Except for the local amendments set forth herein, there is adopted by reference
the California Residential Code 2019 Edition, which is published by the
California Building Standards Commission as Part 2.5 of Title 24 of the
California Code of Regulations. A copy of the Code together with the local
amendments is on file with the division of building and safety.
B. The California Residential Code, 2019 Edition (hereinafter 11Residential Code")
shall be the residential code for the city and said Residential Code together
with the adopted appendices and the amendments set forth in this chapter shall
regulate and govern the conditions and maintenance of every detached one-
and two-family dwelling and townhouse not more than three stories above
plane grade in height with a separate means of egress and structures
accessory thereto.
15.14.020 Modifications, amendments and deletions to the Residential Code.
L Section R105.5 is amended to read as follows:
R105.5 Expiration. Every permit shall remain valid for the purposes of this part
if the work on the site authorized by that permit is commenced within 12 months
after its issuance, unless the permittee has abandoned the work authorized by
the permit.
A permittee may request an extension of a permit. The building official may
grant, in writing, one or more extensions of time for periods of not more than
180 days per extension. The permittee shall request an extension pursuant to
this subdivision in writing and demonstrate justifiable cause for the extension.
2. Section R113 is amended to read as follows:
R113.4 Violation Penalties
Any person who violates a provision of this Residential Code or fails to comply
with any of the requirements thereof or who erects, constructs, alters or repair
a building or structure in violation of the approved construction documents or
directive of the building official, or of a permit or certificate issued under the
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provisions of this Residential Code, shall be guilty of shall be guilty of an
infraction violation, and the violator shall be subject to the provisions set forth
in Chapter 14.100 Onfractions) of the City's Municipal Code, including, but not
limited to, the imposition of any and all civil and criminal penalties set forth
therein.
Section 3. SEVERABILITY
That the City Council declares that , should any prov1s1on, section, paragraph ,
sentence or word of this ordinance 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 or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed .
Section 5. EFFECTIVE DATE
That this ordinance shall take effect on January 1, 2020 .
Section 6. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the Rancho Mirage Municipal Code .
Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law .
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council
held on November 21 , 2019, by the following vote :
AYES : Hobart, Kite , Smotrich, Townsend , Weill.
NOES: None.
ABSENT: None .
ABSTAIN : None.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
-~="<-if Steven B. Quintanilla , City Attorney
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos , City Clerk of the City of Rancho Mirage, California , do hereby certify
under penalty of perjury , that the foregoing Ordinance No . 1165 was introduced by first
reading at a regular meeting of the City Council held on November 7, 2019 , by the following
vote :
AYES :
NOES:
Hobart, Kite, Smotrich, Townsend , Weill.
None .
ABSENT: None .
ABSTAIN : None .
Ordinance No . 1165 was adopted at a regular meeting of the City Council held
on November 21 , 2019 , by the following vote :
AYES : Hobart, Kite, Smotrich , Townsend , Weill.
NOES : None .
ABSENT: None.
ABSTAIN : None .
I further certify that I have caused Ordinance No . 1165 to be posted and/or
published , as required by law (GC Sect. 36933).
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Kristie Ramos
City Clerk