O26351
City Council Meeting: May 12, 2020 Santa Monica, California
ORDINANCE NUMBER 2635 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 8.08.050 OF THE SANTA MONICA
MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING STANDARDS
CODE REGULATION TO EXEMPT FREESTANDING WALLS SEVEN FEET OR LESS
IN HEIGHT FROM REQUIRING A BUILDING PERMIT, AND ADOPT A LOCAL
AMENDMENT TO THE BUILDING STANDARDS CODE TO EXEMPT CONCRETE OR
MASONRY WALLS FOUR FEET IN HEIGHT OR LESS FROM REQUIRING A
BUILDING PERMIT
WHEREAS, Health and Safety Code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporate the latest
editions of the Technical Codes with necessary California amendments; and
WHEREAS, on July 1, 2019, the California State Building Standards Commission
approved and published the 2019 edition of the California Building Standards Code; and
WHEREAS, the Technical Codes incorporated by reference in the 2019 California
Building Standards Code include the 2019 California Building Code and the 2019
California Residential Code; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the
California Building Standards Code applicable to all cities and counties throughout
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California, including the City of Santa Monica, 180 days after publication by the State
Building Standards Commission, which was January 1, 2020; and
WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
provide that the City may make changes or modifications to the building standards
contained in the California Building Standards Code based upon express findings that
such changes or modifications are reasonably necessary because of local climatic,
geological, or topographical conditions; and
WHEREAS, at its October 15, 2019, meeting, the Santa Monica City Council
adopted a resolution making findings regarding local climatic, geological, topographical,
and environmental conditions to support certain local amendments to the 2019 California
Building Standards Code; and
WHEREAS, at its October 22, 2019, meeting, the Santa Monica City Council
adopted an ordinance that adopted the 2019 California Building Code and the 2019
California Residential Code and the Santa Monica local amendments to the 2019
California Building Standards Code; and
WHEREAS, Section 105.2 of the 2019 California Building Code and Section
R105.2 of the 2019 California Residential Code exempt from permit requirements fences
not over 7 feet high; and
WHEREAS, upon filing the Santa Monica local amendments to the 2019 California
Building Standards Code with the California Building Standards Commission, it was
identified that an inconsistency existed between Santa Monica Municipal Code Section
8.08.050(c)(2), which exempted fences and walls over six feet high from requiring a
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building permit, and Section 105.2 of the 2019 California Building Code and Section
R105.2 of the 2019 California Residential Code, which exempted fences over seven feet
high from requiring a building permit; and
WHEREAS, Santa Monica Municipal Code Section 8.08.050(c)(2) was more
restrictive than the 2019 California Building Standards Code in its requirement for building
permits for fences and walls, but the finding regarding local climatic, geological, and
topographical conditions required to support such a more restrictive local amendment
was not included in the October 15, 2019, City Council resolution; and
WHEREAS, on February 3, 2020, the California Building Standards Commission
notified the City of Santa Monica Building & Safety Division that Santa Monica Municipal
Code Section 8.08.050(c)(2), which requires a building permit for fences and walls more
than six feet in height, was rejected due to the need for an express finding related to
climatic, geological, and topographical conditions related to this more restrictive
requirement; and
WHEREAS, on March 11, 2020, the Building and Fire Life Safety Commission met
to consider a recommendation to the City Council regarding adopting a local amendment
to the 2019 California Building Standards Code for when a fence or wall requires a
building permit, and a resolution making findings regarding local climactic, geological, and
topographical conditions to support the local amendment; and
WHEREAS, at the March 11, 2020, meeting, the Building and Safety Commission
unanimously recommended that the City Council adopt a resolution making the necessary
findings regarding local climactic, geological, and topographical conditions, and adopt the
local amendment to the 2019 California Building Standards Code for when a fence or wall
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requires a building permit; and
WHEREAS, based upon the findings contained in the Resolution adopted
concurrently with this Ordinance, the City Council has found that certain modifications
and additions to the California Building Standards Code are reasonably necessary based
upon local climatic, geological, and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. It is the purpose and intent of this Ordinance to adopt a local
amendment to the 2019 California Building Standards Code that is necessary to address
local climatic, geographical, and topographical conditions.
SECTION 2. Section 8.08.050 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, maintain or demolish any building, structure or building service
equipment regulated by this Chapter, the California Building Standards Code and related
codes and standards without first obtaining an appropriate permit for each building,
structure or building service equipment from the Building Officer except as specified in
this Section.
No person shall do any exterior sandblasting within the City without first obtaining an
appropriate permit for each separate work location or contractor.
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No person shall perform any excavation or grading work without first obtaining an
appropriate permit from the Building Officer except as specified in this Section.
No person shall erect any temporary structures within the City without first obtaining
an appropriate permit from the Building Officer except as specified in this Section.
Exemption from the permit requirements of this Chapter shall not be deemed to grant
authorization for any work to be done in violation of the provisions of applicable codes
and standards or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands,
platforms, displays and other miscellaneous structures, sheds, canopies or fences used
for the protection of the public around and in conjunction with construction work may be
erected by special permit from the Building Officer for a limited period of time. Buildings
or structures erected under a special permit need not comply with the type of construction
or fire-resistive time periods required by the Building Code. Temporary structures shall
be completely removed upon the expiration of the time limit stated in the permit.
(c) Work Exempt from Building Permit. A building permit shall not be required for
the following:
(1) One-story detached accessory buildings not more than fourteen feet in height
when used as tool and storage sheds, playhouses and similar uses, provided the floor
area does not exceed one hundred twenty square feet, when the surface of adjacent
grade does not exceed one unit vertical in 10 units horizontal (i.e., ten percent slope); the
building does not contain electrical, mechanical or plumbing work and the building
conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code.
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(2) Exterior freestanding masonry or concrete walls not over four feet high, and other
fences not over seven feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high.
(5) Retaining walls that are not over four feet in height measured from the bottom of
the footing to the top of the wall, unless supporting a surcharge or impounding flammable
liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed five
thousand gallons and the ratio of height to diameter or width does not exceed 2:1.
(7) Platforms, walks and driveways not more than thirty inches above grade and not
over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of
exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than
four pounds per square foot or replacing the same weight per square foot.
(10) Temporary motion picture, television and theater stage sets and scenery.
(11) Prefabricated swimming pools accessory to one- and two-family dwellings in
which the pool walls are entirely above the adjacent grade and the capacity does not
exceed five thousand gallons and there are no electrical, gas or plumbing equipment or
components associated with the prefabricated swimming pool.
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(d) Work Exempt from a Grading Permit. A grading permit is not required for the
following:
(1) Any grading work authorized by a valid combination-building permit.
(2) An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit.
(3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations.
(5) Excavations for wells or tunnels or utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law, provided such operations
do not affect the lateral support or increase the stresses in or pressure upon any adjacent
or contiguous property.
(7) Exploratory excavations under the direction of geotechnical engineers or
engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope
greater than five feet in height and steeper than one unit vertical in one and one-half units
horizontal (sixty-six and seven-tenths percent slope).
(9) A fill less than one foot in depth and placed on natural terrain with a slope flatter
than one unit vertical in five units horizontal (twenty percent slope), or less than three feet
in depth, not intended to support structures, that does not exceed fifty cubic yards on any
one lot and does not obstruct a drainage course.
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(e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required
for the following:
(1) Any plumbing work authorized by a valid combination-building permit.
(2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that
should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it
becomes necessary to remove and replace the same with new material, the same shall
be considered as new work and a permit shall be procured and inspection made as
provided in this Code.
(3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor
for the removal and reinstallation of water closets, provided such repairs do not involve
or require the replacement or rearrangement of valves, pipes or fixtures.
(f) Work Exempt from Electrical Permit. An electrical permit shall not be required
for the following:
(1) Any electrical work authorized by a valid combination-building permit.
(2) Portable motors or other portable appliances energized by means of a cord or
cable having an attachment plug end to be connected to an approved receptacle when
the Electrical Code permits that cord or cable.
(3) Repair of fixed motors, transformers or fixed approved appliances of the same
type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control
device.
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(6) Reinstallation of attachment plug receptacles, but not the outlets therefor.
(7) Replacement of an over-current device where the device is installed in the same
location and is of the same manufacturer, same voltage, same ampere rating, same
characteristics, and has an interrupting capacity meeting conditions at the time of
replacement.
(8) Repair or replacement of electrodes or transformers of the same size and
capacity for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental
laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets.
(13) Electrical wiring, devices, appliances, apparatus or equipment operating at less
than twenty-five volts and not capable of supplying more than fifty watts of energy.
(14) Low-energy power, control and signal circuits of Class II and Class III as defined
in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the
generation, transmission, distribution or metering of electrical energy or in the operation
of signals or the transmission of intelligence by a public or private utility in the exercise of
its function as a serving utility.
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(g) Work Exempt from Mechanical Permit. A mechanical permit shall not be
required for the following:
(1) Any mechanical work authorized by a valid combination-building permit.
(2) Portable heating appliance, ventilating equipment, cooling unit or evaporative
cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling
equipment regulated by the California Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does not
alter its original approval and complies with other applicable requirements of applicable
codes and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been
issued pursuant to the requirements of applicable codes and standards.
(6) A unit refrigerating system as defined in the Mechanical Code.
(h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets,
urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica
and directly supervised by the Building Officer shall not require any building, mechanical,
electrical, or plumbing permit. This exemption only applies to the fixture or equipment but
does not exempt plumbing, piping, drainage, electrical work associated with the
replacement. This exemption does not apply to installations in new buildings.
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SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days after its submission to the California Building Standards Commission.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Acting City Attorney
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Approved and adopted this 12th day of May, 2020.
_____________________________
K e v i n M c K e o w n , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2635 (CCS) had its introduction
on April 28, 2020 and was adopted at the Santa Monica City Council meeting
held on May 12, 2020, by the following vote:
AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2635 (CCS) was duly published pursuant to
California Government Code Section 40806.
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5/21/2020