Chapter 15.04
BUILDING CODE
Sections:
15.04.060 Expedited permitting for small residential rooftop solar energy systems.
15.04.090 Concrete driveways on private property.
15.04.130 Compliance with time schedule for completion.
15.04.010 Adopted.
Except as hereinafter provided, that certain building code known and designated as the Los Angeles County Building Code shall be and become the building code of the city of Cerritos, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, maintenance of all structures and certain equipment therein specifically regulated and grading within the city of Cerritos, and providing for the issuance of permits and the collection of fees therefor, and providing penalties for violation of such code.
As used in this chapter, the Los Angeles County Building Code refers to the current building code adopted by the county of Los Angeles and any amendments to such code subsequently adopted by the county of Los Angeles. In the event of any conflict between provisions of the Los Angeles County Building Code, Title 26 of the Los Angeles County Code, or the Cerritos Municipal Code, the provision contained in the Cerritos Municipal Code shall control.
One copy of said Los Angeles County Building Code has been deposited in the office of the city clerk of the city of Cerritos and shall be at all times maintained by said clerk for use and examination by the public. (Ord. 912 § 1, 2006: Ord. 723 § 1, 1993: Ord. 692 § 1, 1990: Ord. 677 § 1, 1988: Ord. 632 § 1, 1985: Ord. 587 § 1, 1981: Ord. 552 § 1, 1978: Ord. 497 § 1, 1975: Ord. 415 § 1, 1972: Ord. 215 § 1, 1968: Ord. 143 § 1, 1965)
15.04.020 Definitions.
Whenever any of the following names or terms are used in the Los Angeles County Building Code or in this chapter, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(1) “City” means the city of Cerritos.
(2) “County,” “county of Los Angeles” or “unincorporated area of the county of Los Angeles” means the city of Cerritos.
(3) “Visibly complete” means the condition of a property in which construction and/or improvements authorized pursuant to a building permit are complete to the extent that:
(a) The portion(s) of the authorized construction and/or improvements visible from the exterior are complete;
(b) There is no visible evidence of construction activity on-site as viewed from the exterior, including but not limited to such evidence as construction debris, portable restrooms, waste disposal bins, and other outdoor storage of construction materials and/or equipment;
(c) The landscaping, driveway, fixtures, and other nonstructural elements of the property are restored and/or deemed to be in compliance with the landscape and hardscape requirements of the Cerritos Municipal Code;
(d) The appearance of the property is indistinguishable from an equivalent property in which there is no construction activity; and
(e) The property does not constitute a property nuisance as defined in Chapter 6.20 of the Cerritos Municipal Code.
(4) “Construction time limit” means the period of time within which construction must be visibly complete. (Ord. 938 § 3, 2008: Ord. 912 § 2, 2006: Ord. 691 § 1, 1990; Ord. 632 § 2, 1985: Ord. 587 § 2, 1981; Ord. 215 § 1, 1968; Ord. 143 § 2, 1965)
15.04.050 Building code fees.
The building code fees shall be those provided for in the Los Angeles County Building Code, and as may hereinafter be amended. (Ord. 552 § 3, 1978: Ord. 512 § 2, 1976: Ord. 497 § 3, 1975: Ord. 319 § 1, 1971: Ord. 198 § 1, 1967)
15.04.060 Expedited permitting for small residential rooftop solar energy systems.
The expedited permitting process for small residential rooftop solar energy systems, as described within the Los Angeles County Building Code, shall be and become the expedited permitting process for the city of Cerritos. Any adoption, amendment, or revision to the Los Angeles County procedures or process will be applicable to small residential rooftop solar energy systems in the city of Cerritos with the exception of the following:
(1) Electronic Submittal. The city of Cerritos shall not accept the electronic submittal of a solar energy system permit application, including an electronic signature on related forms, applications, or other documentation. Solar energy system permit applications shall be submitted in person to the department of community development for review. This subsection (1) shall remain in effect until such time that the city of Cerritos accepts the electronic submittal of all building permit applications. (Ord. 997 § 2, 2015)
15.04.090 Concrete driveways on private property.
Notwithstanding any other provisions of the building laws of the city of Cerritos, all driveways on private property extending from the property line to the garage entrance shall be constructed of concrete. (Ord. 338 § 1, 1971)
15.04.130 Compliance with time schedule for completion.
(1) Construction Time Limit for Single-Family Residential Uses.
(a) Minor Residential Construction Time Limit. For minor exterior residential home improvements including, but not limited to, additions totaling less than nine hundred square feet in total area, the construction time limit shall not exceed a period of twelve consecutive months from the issuance of the initial building permit relative to said improvements.
(b) Major Residential Construction Time Limit. For new residential construction and/or major exterior residential home improvements including, but not limited to, additions totaling at least nine hundred square feet in total area, the construction time limit shall not exceed a period of eighteen consecutive months from the issuance of the initial building permit relative to said improvements.
(c) Validity of Permit. If the construction is not visibly complete within the specified construction time limit, the building permit associated with said construction shall expire by the established time limit and become null and void.
(d) Extensions. The director of community development and/or building official may extend in writing the construction time limit for periods not exceeding six consecutive months upon written request submitted by the permittee prior to expiration showing that the size, scope, and complexity of the work or other physical conditions have necessitated longer construction time, and the permittee has made satisfactory progress under such circumstances. The director of community development and/or building official shall approve, conditionally approve, or deny any first-time or subsequent requests for construction time limit extensions.
(i) The director of community development and/or building official may request a performance surety bond as a condition for an extension. The bond shall be for the purpose of ensuring that all exterior construction and/or improvements will be visibly completed within the approved extension. The bond amount shall be determined by the director of community development and/or building official.
(e) Appeals.
(i) Any permittee dissatisfied with the director of community development’s and/or building official’s decision may appeal to the planning commission. Such appeal shall be in writing, and shall be filed with the department of community development within ten calendar days of the director of community development’s and/or building official’s decision.
(ii) Any permittee dissatisfied with the planning commission’s decision may appeal to the city council. Such appeal shall be in writing, and shall be filed with the city clerk within ten calendar days of the planning commission’s decision. The decision of the city council shall be final.
(f) Property Nuisance. Property, not visibly complete prior to the expiration of the permit, shall constitute a public nuisance and may be subject to abatement pursuant to the provisions of Chapter 6.20 the Cerritos Municipal Code.
(2) Construction Time Limit for Uses Other Than Single-Family Residential.
(a) Conditional Use Permit and/or Precise Plan Schedule of Completion.
(i) The time schedule for completion of work authorized by a conditional use permit and/or precise plan shall be included as one of the conditions for approval.
(ii) The conditional use permit and/or precise plan holder shall perform all work in accordance with the time schedule and completion date designated by the conditional use permit and/or precise plan.
(b) Building Permit Schedule of Completion. Where the conditional use permit and/or precise plan does not include a time schedule of completion of work or when the project is not required to obtain a conditional use permit or precise plan, the time schedule for completion of work shall be governed by the schedule for completion as set forth by the building official on the building permit. The permittee shall perform all work in accordance thereto, at the times specified therein and by the maximum time permitted for completion. (Ord. 938 § 4, 2008: Ord. 881 § 1, 2004)
15.04.140 Failure to comply with schedule for completion—Suspension or revocation of permit—Infraction.
(1) Failure to comply with the schedule for completion requirements set forth in Section 15.04.130(2) herein shall be grounds for:
(a) Revocation of the conditional use permit and/or precise plan in accordance with the procedures set forth in Section 23.10.720 or revocation or suspension of the building permit after an opportunity to contest such revocation or suspension before the building official; and/or
(b) An infraction pursuant to Section 1.08.020 of the Cerritos Municipal Code for each day the project is not in compliance with the schedule of completion.
(2) If any section, subsection, sentence, clause, phrase or portion of the ordinance codified in this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this section. The city council of the city of Cerritos hereby declares that it would have adopted the ordinance codified in this section and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. (Ord. 938 § 5, 2008: Ord. 881 § 2, 2004)