Pacifica Municipal Code Ch. 7.5 Residential Code

Footnotes:

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Editor's note— Ord. 886-C.S., §§ 18, 19, effective January 1, 2023, repealed Ch. 7.5, §§ 8-7.5.01—8-7.5.17 and enacted a new Ch. 7.5 to read as set out herein. Former Ch. 7.5, pertained to similar subject matter and derived from Ord. 852-C.S. §§ 19, 20, effective January 1, 2020.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 10, including, Appendix BF ("Patio Covers"), Appendix BO ("Existing Buildings and Structures"), Appendix BG ("Sound Transmission"), Appendix BB ("Tiny Homes"), Appendix CI ("Swimming Pool Safety Act"), and Appendix CJ ("Emergency Housing") of that certain code designated as the California Residential Code, 2025 Edition [Title 24, California Code of Regulations, Part 2.5], which incorporates and amends the 2024 Edition of International Residential Code as published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said code shall be known as the Residential Code for the City.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R101.1 of the California Residential Code is hereby amended to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code of the City of Pacifica, hereafter referred to as "this Code."

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R105.3.3 of the California Residential Code is hereby added to read as follows:

R105.3.3 Improvements required prior to the issuance of building permits and exceptions.

The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.

Exceptions:

(1) When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may deem it feasible.

(2) Sidewalks shall not be required prior to the issuance of a building permit for the construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R105.6 of the California Residential Code is hereby amended in its entirety and shall read as follows:

R105.6 - Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.

The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R105.10 of the California Residential Code is hereby added to read as follows:

R105.10 Hours of Construction. The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R108.2 of the California Residential Code is hereby amended in its entirety to read as follows:

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, fees and charges for each permit shall be assessed and paid as required, in accordance with the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R108.6 of the California Residential Code is hereby amended in its entirety to read as follows:

R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R110.3.1 of the California Residential Code is hereby added to read as follows:

R110.3.1 Improvements prior to occupancy of structures and utility service exceptions.

(a) No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section R105.3.3 have been installed and approved by the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including, but not limited to, any applicable conditions of approval imposed on the project by approval of a discretionary permit.

(b) When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to ensure completion shall be posted for the completion of the required improvements.

Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R111.4 is hereby added to the California Residential Code to read as follows:

Section R111.4 - Underground Utilities.

R111.4.1 - Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City's authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.

R111.4.2 - Undergrounding Requirements.

(a) Persons constructing any structure subject to this Code shall underground all utility lines as follows:

(i) All on-site utility lines must be placed underground;

(ii) All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and

(iii) If any utility lines are being upgraded, the upgraded portions as well as the pre-existing lines shall be placed underground.

(b) Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:

(i) The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;

(ii) The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the residential structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or

(iii) The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines.

R111.4.3 - Undergrounding Standards.

(a) All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met.

(b) In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City, county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R112.1 of the California Residential Code is hereby amended in its entirety to read as follows:

R112.1 Appeal Procedure. Any person who is aggrieved by an order, decision or determination of the Building Official as provided in Section R112.1 may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding. Appeals shall be heard as follows:

(a) Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.

(b) At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.

(c) Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding.

(d) If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R113.1 of the California Residential Code is hereby amended in its entirety to read as follows:

R113.1 Unlawful acts. Irrespective of whether a notice of violation has been issued pursuant to Section R113.2 of this Code, it shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.

R113.1.1 Unpermitted Structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R113.4 of the California Residential Code is hereby amended in its entirety to read as follows:

R113.4 Violation penalties. Any person, firm or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.

Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R115 of the California Residential Code is added to read as follows:

R115 Procedure for Legalizing Unpermitted Structures.

R115.1 Permits. Any person who wishes to legalize an "unpermitted structure" (as this term is defined in Sections R113.1.1 of this Code), shall obtain all applicable permits. Unpermitted structures shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized.

R115.2 Plans.

R115.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval.

R115.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.

R115.3 Inspections.

R115.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.

R115.4 Investigation Fees.

R115.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit, license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.

R115.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section R108.4.2 of this chapter.

The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law.

R115.5 Unpermitted Structures Which Cannot be Legalized.

If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R309.1 of the California Residential Code is amended in its entirety to read as follows:

R309.1 Townhouse automatic fire sprinkler systems.

1. An automatic residential fire sprinkler system shall be installed in Townhouses.

2. Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.

Exception.

1. When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.

Section R309.1.1 Design and installation.

Automatic fire sprinkler systems for townhouses shall be designed and installed in accordance with Section R309 or NFPA 13D.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R309.2 of the California Residential Code is amended in its entirety to read as follows:

R309.2 One- and two-family dwelling automatic sprinkler systems.

1. An automatic sprinkler system shall be installed in all new one-and two-family dwellings.

2. Existing one- and two-family dwellings. An automatic sprinkler system shall be installed when an addition is added to the building.

Exception 1: When an addition to an R-3 occupancy is less than 1,000 square feet in size no sprinklers are required in either the addition or the existing building.

Exception 2: The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling, including any addition solely for purposes of accessory dwelling unit construction.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Section R401.4.3 is hereby added to the California Residential Code to read as follows:

R401.4.3 Investigation of Off-site Conditions.

The following requirements shall apply to any site located within a geologic or seismic hazard zone mapped by the California Geologic Survey or adopted in the General Plan of the City of Pacifica:

1. A registered design professional shall evaluate potential off-site geotechnical hazards, including, but not limited to, those upslope and/or downslope of the project site, that may have the potential to cause direct injury to persons or damage to property as a result of development of the project.

2. When any such hazard(s) is/are identified, the registered design professional shall identify appropriate design features to be incorporated into the project design to minimize the hazard(s) to the maximum extent practicable.

3. The building official shall not issue a building permit until any project design feature(s) identified by the evaluation required in this subsection has or have been incorporated into the project plans.

4. The evaluation required in this subsection shall be limited to consideration of readily available data obtained from aerial photos, maps, previously prepared geotechnical reports, and observations able to be made from the project site and other publicly-accessible areas in the vicinity of the project site, including, but not limited to, public rights-of-way and public open spaces. This subsection shall not require or authorize entry onto neighboring properties for any purpose, including, but not limited to, obtaining soil borings.

5. The registered design professional may seek a waiver from the requirement of this subsection to construct project design features to minimize potential off-site geotechnical hazards when the construction of such features would be disproportionate to the cost of the overall project. The building official shall consider waiver requests and grant approval if the registered design professional has demonstrated with sufficient written evidence that the cost of design features to minimize potential off-site geotechnical hazards would exceed 20 percent of the overall project cost, such features would not otherwise be required by any other provision of this Code, and no other less-costly feature can be incorporated into the project design to reduce the identified hazard(s).

The requirements of this subsection shall be supplementary to and shall not replace or substitute for any other geotechnical investigation or geohazard investigation required by this Code or any other provision of law. Except, however, when another provision of this Code may provide for waiver or exemption from geotechnical investigation, the provisions of this subsection shall still apply.

(§ 19, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)