HomeMy WebLinkAbout2109ORDINANCE NO. 2109
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 8.04.015 OF THE
PALM SPRINGS MUNICIPAL CODE TO MAKE CERTAIN
ADMINISTRATIVE AMENDMENTS TO THE 2022
CALIFORNIA BUILDING CODE REGARDING THE
DESIGNATION, COMPOSITION, AND AUTHORITY OF
BUILDING APPEALS BODIES; AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WHEREAS, in July 2022, the California Building Standards Commission
("Commission") adopted the 2022 Edition of the California Building Standards Code
("CBSC"), effective January 1, 2023, and codified in Title 24 of the California Code of
Regulations ("CCR"); and
WHEREAS, the CBSC consists of building standards that regulate the erection,
construction, enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical
systems, and maintenance of all buildings in the state; and
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the
City of Palm Springs (the "City") to adopt by reference the CBSC, 2022 Edition (Title 24 of
the CCR), including certain uniform codes, including the 2022 California Building Code
(the "Building Code"); and
WHEREAS, by Ordinance No. 2078, the City has adopted the 2022 Edition of the
CBSC, as adopted by the State of California Building Standards Commission in Title 24 of
the CCR; and
WHEREAS, sections 17958.7 and 18941.5 of the California Health & Safety Code
permits the City to adopt local amendments to substantive building standards set forth in
the CBSC if it can be determined by the City Council that such amendments are
reasonably necessary because of local climatic, geological, or topographical conditions;
and
WHEREAS, the Commission has provided that local ordinances and regulations
necessary to carry out procedures by a city relating to civil, administrative, or criminal
procedures, and remedies available for carrying out and enforcing building standards, and
that do not establish building standards, may be enacted without meeting the requirements
of the state laws governing Title 24 building standards amendments (i.e., they do not
require findings regarding local climatic, geological, or topographical conditions). (See
Guidebooks for Local Jurisdictions, Commission, available at:
hops://www.dgs.ca.gov/BSC/Resources/Page-Content/Bui lding-Standards-Commission-
Ordinance No. 2109
Page 2
Resources-List-Folder/Guidebooks-for-Local-Jurisdictions); and
WHEREAS, the City now desires to clarify that its appellate procedures comply with
Section 1.8.8.1 and the Court of Appeal's decision in Temple.
WHEREAS, any and all other legal prerequisites relating to the adoption of this
Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. Municipal Code Amendment. Section 8.04.015, California Building
Code — Additions, Amendments and Deletions, subsection (11), is hereby amended to
read as follows:
"8.04.015 California Building Code --Additions, Amendments and Deletions.
11) Amend subsection 113.1, Board of Appeals, to read as follows:
113.1 Membership — Creation. There is created within the city a Building Code Board of
Appeals which shall consist of three (3) members who are qualified by experience and
training in matters of design and construction of buildings. Members are to be appointed
in a manner prescribed in Chapter 2.06, Section 2.06,010, of the Palm Springs Municipal
Code and serve at the pleasure of the city council.
113.1.1 Definitions.
Aggrieved person - Any person whose personal, pecuniary or property right or interest is
directly and adversely affected, or upon whom a substantial burden or obligation is
imposed by the action or decision appealed from.
Appellant - Any aggrieved person directly affected by an action who files an appeal.
Board - The Building Code Board of Appeals.
Building Official — Director of the Palm Springs Department of Building and Safety or
their designated representative.
City - The City of Palm Springs, California.
Department - The City of Palm Springs Department of Building and Safety, an
organization of the city government which under the direction of the Building Official has
Ordinance No. 2109
Page 3
the responsibility for carrying out and enforcing Title 24 (the California Building Standards
Code), and any local amendments to that code.
Officer - An officer of the city who is not a member of the legislative body or appointed
boards or commissions. Such officers include but are not limited to the City Manager,
Deputy City Manager, Chief of Police, Fire Chief, Director of Planning, Director of
Maintenance/Public Works, or similar officer.
Respondent - The Building Official or Officer who took the action appealed from, and any
other Building Official or Officer named as respondent in an appeal.
Title 24 - The California Building Standards Code, which is composed of 12 parts: the
California Administrative Code, the California Building Code (volumes 1 and 2), the
California Electrical Code, the California Plumbing Code, the California Energy Code, the
California Historical Buildings Code, the California Fire Code, the California Existing
Building Code, the California Green Building Standards Code (CALGreen), and the
California Reference Standards Code.
113.1.2 Scope of Coverage.
(a) The Board shall hear all appeals in accordance with the procedures
contained in section 113.1.9, Building Appeals Hearing Procedures.
(b) The Board is authorized to adopt resolutions and take all actions necessary
and proper to carry out the functions of the Board pursuant to this section and this chapter.
(c) The Board shall recommend reasonable interpretations of Title 24, and other
matters that may be referred to the Board by the Building Official.
(d) The Board may recommend minor deviations from the provisions of Title 24
in the following circumstances:
(1) When the strict application, operation, or enforcement of Title 24 would result
in practical difficulty or unnecessary hardship; and
(2) When for the purpose intended, the alternate materials or type of
construction proposed is at least equivalent to the requirements of the applicable
regulations in quality, strength, effectiveness, fire resistance, and durability, and provides
the equivalent level of safety.
(e) The Board may request through the City Manager information, services,
facilities, or any other assistance for the purpose of furthering the objectives of this chapter.
(f) The Board may meet with and receive advice from the City Attorney as it or
the City Attorney may deem necessary.
Ordinance No. 2109
Page 4
(g) In lieu of the Board hearing and deciding appeals, the City Manager may,
from time to time, designate one or more hearing officers (each, a "Hearing Officer') to
hear and decide such appeals. For example, but not by way of limitation, in the event a
quorum of the Board is unable to be established, the City Manager shall have the authority
to so designate a Hearing Officer. Whenever a Hearing Officer is designated to hear and
decide an appeal, all references in this Chapter to "Board" shall automatically be deemed
to refer to "Hearing Office''. Each Hearing Officer shall be an individual subject to the
provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations
of the state or the City relating to conflicts of interest. Unless an appellant requests, in
writing, to be partially responsible for payment of the costs of the Hearing Officer, the City
shall be responsible for payment of the costs of the Hearing Officer.
113.1.3. The Board shall function as the "Local Appeals Board" and "Housing Appeals
Board" as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5
of the California Health and Safety Code.
113.1.4 Limitations on authority. An application for appeal shall be based on a claim
that the true extent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or
better form of construction is proposed. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
113.1.5 Qualifications. The board of appeals shall consist of members who are qualified
by experience and training to pass on matters pertaining to building construction and are
not employees of the City. 0
113.1.5.1 Membership —Terms.
(a) Members of the board shall be appointed or removed in accordance with and
shall be subject to all the provisions of Chapter 2.06, as that Chapter and its provisions
may be amended from time to time.
(b) In making appointments to the board of building appeals, the City Council will
bear in mind the nature of the board and the special expertise needed to exercise its
function. The Council will endeavor to appoint as members people with special expertise
in providing due process in the conduct of hearings.
113.1.6 Administration. The Building Official shall take immediate action in accordance
with the decision of the Board.
113.1.7 Meetings.
(a) The Board shall meet in the City Hall at such time and day as the board may
establish, as frequently as necessary to carry out the purposes of this chapter. The
Building Official shall, to the extent practicable, arrange the presence of all three board
members at each board meeting.
Ordinance No. 2109
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(b) Two (2) members of the board shall constitute a quorum. Any ruling, decision
or other action of the board must be by a majority vote of a full quorum of the board.
(c) It shall be the obligation of the members of the board to attend all meetings. If
a member absents themself from three consecutive meetings, or from twenty-five percent
of the duly scheduled meetings within any fiscal year, without having been excused from
doing so by the board, the Chair shall file a certification with the Building Official that such
absences have occurred, and the office of the absent board member shall thereupon
automatically become vacant and shall be filled as any other vacancy.
(d) The Building Official shall not schedule a board meeting unless at least two
(2) board members confirm their availability to attend the board meeting.
(e) In the event that the Building Official cannot schedule a timely meeting for the
board to consider an appeal, within forty-five days after the filing of the notice of that
appeal, the City Manager shall designate a Hearing Officer to hear the appeal.
113.1.8 Building appeals — Filing and notice procedures.
(a) A person aggrieved by an action taken by the Department of Building and
Safety, as provided in section 113.1.2, Scope and Coverage, may appeal the action to the
board by filing with the Building Official a written notice of appeal within ten days of the
action. The notice of appeal shall set forth the appellant's full name and mailing address,
the specific action appealed from, the grounds for the appeal and the relief sought; and
shall include payment to the Department of Building and Safety an appeal fee, as
established or amended time to time by resolution of the City Council.
(b) The notice required by subsection (a) of this section, shall be filed no later
than ten days following the date of mailing to appellant of notice of the action from which
the appeal is taken or, if there is no such mailing and/or none is required, no later than
fifteen days following the date of the action which is the subject of the appeal. The Building
Official shall furnish a copy of the appeal to the respondent within five days after filing.
(c) The Building Official, upon receipt of the notice of appeal, shall set a time and
place for the hearing of such appeal by the board. The appeal shall be heard no more than
forty-five days following the filing of the notice of appeal unless the parties waive such time
limits.
(d) Notice of the time and place of the hearing shall be mailed or otherwise
delivered by the Building Official to the appellant, respondent, and all other persons, if any,
to whom notice of the initial application or action was required, not less than ten days prior
to the hearing. If publication of the initial application or action being appealed was required,
the notice of appeal shall be published in a similar manner.
(e) After an appeal has been initiated, a cross -appeal may be brought by any
Ordinance No. 2109
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person who would otherwise have had standing to appeal the subject action or decision.
The cross -appellant shall file a written notice of cross -appeal with the Building Official
stating cross-appellant's full name and mailing address, the specific action appealed from,
the grounds for the cross -appeal and the relief sought. Such notice shall be filed no later
than five days prior to the hearing except for good cause shown to the satisfaction of the
board. The failure to give notice of the hearing to any person who would qualify to file a
cross -appeal shall not invalidate any action of the board.
(f) Unless the notice of appeal names some other respondent, the staff member
of the Department of Building and Safety which took the action or made the decision being
appealed shall be designated the "respondent."
113.1.9 Building appeals hearing procedures.
(a) Three members shall constitute a quorum for the purpose of conducting a
hearing on any appeal, provided that no board member may vote on the decision if absent
from a part of the hearing unless such board member certifies that he or she listened to or
read the transcript, if any, of the entire proceedings.
(b) All hearings shall be open to the public.
(c) In any hearing conducted by the board, it shall have the power to examine
witnesses and compel their attendance for the production of evidence by subpoenas
issued under the authority of the City Council and attested by the Building Official. The
Chair may issue subpoenas on behalf of the Board under the authority of the City Council.
Subpoenas may also be issued at the request of the parties prior to the commencement
of such hearing. No subpoena may be issued for any reason without the concurrence of
the City Attorney that there is good cause for such subpoena to issue, and such subpoena
is approved by the City Council. It shall be the duty of the Chief of Police to cause all such
subpoenas to be served, and the refusal of a person to attend or to testify in answer to
such a subpoena shall subject the person to prosecution in the same manner set forth by
law for failure to appear before the council in response to a subpoena issued by the
Council.
(d) The hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but hearings shall be conducted in a manner most
conducive to determination of the truth. Any relevant evidence shall be admitted if it is the
sort of evidence on which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rules which
might make improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil actions, and
irrelevant and unduly repetitious evidence may be excluded. Decisions made by the board
shall not be invalidated by any informality in the proceedings, and the board shall not be
Ordinance No. 2109
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bound by technical rules of evidence.
(e) The presiding officer shall rule on the admission or exclusion of evidence
with the assistance of the legal advisor to the Board.
(f) All parties shall have the right to be heard by the Board either in person or
by counsel.
(g) No party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the board.
(h) The board shall determine relevancy, weight and credibility of testimony and
evidence. It shall base its findings on the preponderance of the evidence.
(i) The Board, prior to or during a hearing, may grant a continuance for any
reason it believes to be important to its reaching a fair and proper decision.
0) The Board, after it concludes the hearing, may deliberate its decision in
closed session if permitted by the Brown Act. Members of the board may request the
attendance of the Board's legal counsel to a discussion held in closed or open session
solely for the purpose of rendering legal advice to the commission.
113.1.10 Determinations made by the board.
(a) The Board shall render its decision in accordance with the provisions of this
chapter.
(b) The Board shall render its decision consistent with applicable law and all
ordinances of this city even in situations in which the board disagrees with the applicable
law and/or ordinances. After rendering its decision, in any matter in which the Board
believes changes are appropriate, the board may submit to the City Council and Building
Official any recommendations that the order, decision or determination made by
department and officer be changed.
(c) The Board's decision shall be in writing and shall set forth the board's
findings of fact and conclusions.
(d) The Board shall render its decision within fifteen days following the
conclusion of the hearing of the appeal. Upon finding good cause to do so, the board may
extend the time for rendering its decision up to ninety days.
(e) No later than five days following the rendering of the board's decision, the
Building Official shall mail or otherwise deliver a copy of said decision to each party who
appeared during the proceedings, or who requested to be furnished a copy of the decision.
Failure of the Building Official to mail or deliver a copy of the decision to each party or to
any party shall not affect the finality or effectiveness of the decision.
Ordinance No. 2109
Page 8
(f) The Board's decision shall constitute final action and be effective on the date
on which the decision is rendered.
113.1.11 Disposition report.
The Board shall file with the city council a written report on each decision of the board not
later than five days following the rendering of the board's decision. The disposition report
shall include any recommendations to the department which the board believes are in
order to assist the department in future enforcement actions."
SECTION 3. Justifications for Local Amendments. The City Council hereby finds
that the modifications to the State Building Code set forth in this Ordinance are
administrative in nature, and do not modify any building standard, as that term is
understood by sections 17958.7 and 18941.5 of the California Health & Safety Code. The;
City Council further finds that these administrative amendments are necessary to allow
the uniform application of the codes by procedures suited to the size and nature of the
City's staff and administrative agencies. Accordingly, the City Council finds the
modifications in this Ordinance to the State Building Code to be necessary for the
protection of the public health, safety, and welfare.
SECTION 4. Filing. The City Clerk shall file a certified copy of this Ordinance with
the California Building Standards Commission.
SECTION 5. CEQA. The City Council finds that these local amendments to the
Building Code is exempt from the California Environmental Quality Act ("CEQA") under
CEQA Guideline section 15061(b)(3) (the common sense exemption). The action is
administrative in nature in that it solely establishes the City Council's determination as to
the appellate procedures applicable to appeals from matters related to the Building Code,
and as such there is no possibility that adopting this Ordinance would adversely affect the
environment in any manner that could be significant.
SECTION 6. Severability. If any provision of this Ordinance is declared to be
invalid by a court of competent jurisdiction, it shall not affect any remaining provision
hereof. The City Council hereby declares that it would have adopted this Ordinance
despite any partial invalidity of its provisions.
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage and adoption, consistent with California Government Code section 36937.
SECTION 8. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
Ordinance No. 2109
Page 9
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
13TH DAY OF FEBRUARY 2025.
R N DEHARTE
MAYOR
ATTEST:
//1 -
BREND REE, MMC, CERA
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2109 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 23'd day of January, 2025 and
adopted at a regular meeting of the City Council held on the 131n day of February, 2025
by the following vote:
AYES: Councilmembers Ready,
Mayor deHarte
NOES: None
ABSENT: None
ABSTAIN: None
Garner, Bernstein, Mayor Pro Tem Soto, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this .day of February, 2025.
BFtr40rA PREE, MMC, CERA
CITY CLERK
Ordinance No. 2109
Page 10
Exhibit A 0
Findings to Support Local Amendments to the
2022 Edition of the California Building Code
Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5, this
Exhibit A to Ordinance No. 2109 of the City of Palm Springs sets forth the City Council's
express findings and determinations justifying the City's local amendments to the 2022 Edition
of the California Building Code.
Municipal Code
Section
CBC Section Substance of Amendment
Amended {full text in Ordinance No. )
Sec. 8.04.015 1 113
Justifications KEY:
Providing for City Council's
determination as to the appellate body
authorized to hear appeals related to
the Building Code, qualifications of
membership, hearing procedures,
appellate provisions for same.
Justification
(see key
below)
n
A — This is an administrative amendment, which does not modify a building standard as defined
in California Health & Safety Code section 18909. The amendment establishes administrative
procedures for the effective enforcement of the building standards in the City of Palm Springs.
I]
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