Ross Municipal Code Ch. 7 Referenced Standards

REFERENCED STANDARDS

Chapter 7 is hereby amended to add the following language:

Chapter 7 Referenced Standards - ICC

CFC - 2025: California Fire Code

1.11.3.4, 1.11.9, 1.11.10, 102.8, 105.1, 201.3, 202, 402.1.1, 402.1.2, 402.2.1, 402.2.2, 403.2.4, 404.4, 404.5, 404.10.3, 606.1, 606.2, 613.3.2, 613.3.2

APPENDIX A

GENERAL REQUIREMENTS

Section A104.7.2 of Appendix A of the California Wildland-Urban Interface Code is amended to read as follows:

Section A104.7.2 Permits . The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official.

Section A104.11 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A104.11 – Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas.

Section A104.12 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A104.12 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the Fire Code Official.

Section A104.13 of Appendix A of the California Wildland-Urban Interface Code is hereby added and shall read as follows:

Section A104.13 APIARIES. Lighted or smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official.

(a) The Fire Chief, Chief Officers, Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the Wildland-Urban Interface Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to

misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended.

(b) It is the intent of the Town Council of the Town of Ross that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter.

• (a) Any violations of the Town Wildland-Urban Interface Code shall be deemed a public nuisance.

(b) The owner of any property within the Town has the primary responsibility for keeping the property free of public nuisances. Tenants and occupants, for the purposes of this Chapter, shall be deemed to be the agents of the owner.

(c) All entries and inspections shall be done in a lawful and reasonable manner. If an owner, lawful occupant, or the respective agent thereof refuses permission to enter and/or inspect, the Fire Chief of the Ross Valley Fire Department or the duly authorized enforcement officer (collectively hereinafter, “Fire Chief”) may seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto.

(d) Whenever the Fire Chief believes a public nuisance exists, the Fire Chief shall commence abatement proceedings.

(e) The Fire Chief shall cause a written notice to be issued to abate such nuisance. Notice requiring the abatement of such nuisance shall be given by mail to the owner of the property upon which, or in front of which, such nuisance exists, at such owner's address as shown on the last equalized Assessment Roll of the County of Marin. Such notice shall contain the following:

1. The street address and Assessor's Parcel Number for the affected property.

2. The date of the inspection of the property by the Fire Department during which such nuisance was discovered.

3. A description of the nuisance and its location on, or in front of, the property.

4. The abatement action which the owner is required to take and a time limit for such abatement.

5. A statement that if the owner fails to abate such nuisance within the prescribed

time and the Fire Department, or other Town agent, will abate the nuisance.

6. A statement that if the Fire Department, or other Town agent, is required to abate the nuisance the cost of such abatement will be assessed as a lien or special assessment against the property.

7. A statement that the determination of the existence of a nuisance may be appealed to the Fire Chief within the time limit to abate the nuisance.

(f) Abatement. Should the owner of the affected property (i) fail to abate the nuisance, and (ii) fail to appeal the determination of the existence of a nuisance to the Fire Chief within the period set forth in the notice requiring abatement, the Fire Chief is authorized to perform such abatement and shall keep an accurate account of the cost of such abatement, including administrative costs. The Fire Chief shall mail written notice of the costs of the abatement to the owner of the affected property who may, within

fifteen days of the date of such mailing, request a hearing by the Fire Chief with respect to such cost. The Fire Chief shall hold a hearing within thirty (30) days of receiving the request. The Fire Chief may make any corrections or modifications if it deems the proposed costs to be excessive or incorrect. The decision of the Fire Chief shall be final. (h) Assessment of Cost. The cost of such abatement as finally fixed and determined by the Fire Chief may be recovered in an appropriate civil action, including costs of litigation and attorney fees, or may be enforced by a nuisance abatement lien or special assessment against the parcel of land as more particularly set forth in Government Code Sections 38773.1 and 38773.5, respectively. At least thirty (30) days prior to recordation of the nuisance abatement lien, or submission of the report to the Tax Collector for collection of this special assessment, the Fire Chief shall give notice to the record owner of the property of the intent to collect abatement and related administrative costs against the property. In addition to any information required by state law, the notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance.

(i) Emergency Abatement. Notwithstanding any other provisions of this Chapter, whenever the Fire Chief determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the Fire Chief shall, without being required to comply with the procedures of this Section, immediately cause such public nuisance to be abated, provided all other legal constitutional requirements are complied with.

(j) Remedies are Cumulative. Nothing in this Chapter shall be deemed to prevent the Town from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards, deficiencies or violations of law in real property in addition to or as alternatives to the proceedings set forth in this Chapter.

(a) Any violation of the Town Wildland-Urban Interface Code as adopted herein may be a misdemeanor or infraction, and subject to the penalties set forth herein.

(1) The first citation, within a 12-month period, for a violation of the Town Fire Code shall be treated as an infraction, punishable by a fine of $100.

(2) Any subsequent citation within a twelve (12) month period for any violation of the Town Wildland-Urban Interface Code may be either a misdemeanor or an infraction, as determined by the discretion of the Fire Chief. Misdemeanors shall be subject to the penalties set forth in Section 110 or 112 as applicable. Infractions shall be punishable by the fines specified in California Government Code Section 36900.

(b) An Administrative Citation and fine may also be imposed in accordance with Chapter 9.70. The use of Administrative Citation and fine as means for addressing violations of this code shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this code and may be used at the sole discretion of the Town. The amounts of the Administrative Citation fines are contained in Section 9.70.120

of the Ross Municipal Code.

(c) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such

violations or defects within a reasonable time. Unless otherwise specified, each day that a violation occurs or continues after a final notice has been delivered, shall constitute a separate offense. The application of both criminal and administrative penalties shall not be held to prevent enforcement or the correction of prohibited conditions.

(d) Nothing contained in Subsections (a) and (b) of this Section shall be construed or interpreted to prevent the Ross Valley Fire Department from recovering all costs associated with a Ross Valley Fire Department emergency response as described in Section 114.1 of the 2025 California Fire Code, as amended.

(a) Any person receiving an Administrative Citation may contest the Citation in accordance with Section 9.70.070.

(b) Any person receiving a bill for Ross Valley Fire Department response costs and expenses pursuant to Section 114.1 of the Fire Code, may file within thirty (30) days after the date of mailing the bill, an administrative appeal against imposition of the response costs and expenses. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days’ advance written notice of the time and place of the hearing. Within ten (10) days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the hearing officer.

(c) Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Town Council within 10 days from the date of the decision. The Town Council shall conduct an administrative hearing on appeal, after giving the appellant at least ten (10) days’ advance written notice of the time and place of the hearing. Within ten (10) days after the hearing, the Town Council shall give written notice of the decision to the appellant, which decision shall be final. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to Section 14.04.130 (a) or (b) above.

The Town Council may, by resolution, revise the fees and penalties established by this Title 14.16.

Chapter 15.04

CALIFORNIA ADMINISTRATIVE CODE

Sections:

Connections to the electrical supply shall conform to (A) through (D).

Section 80.25(B), Special Consideration. is amended to change the first sentence to read:

“By special permission of the Authority Having Jurisdiction, temporary power shall be permitted to be supplied to the premises for specific needs of the construction project.”

Section 80.25(C) is deleted.

Sections 80.25(D) and (E) are renumbered to be (C) and (D) respectively. (Ord. 718 (part), 2022; Ord. 700 (part), 2019).

Chapter 15.08

CALIFORNIA MECHANICAL CODE

Sections:

Fees shall be set forth in the fee schedule adopted by the latest resolution of the Town Council.

Section 104.3.2 “Plan Review Fees” is hereby amended to read as follows:

104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted by Section 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees specified in this subsection are separate from and in addition to the other permit fees specified in this section. The plan review fees shall be set forth in the fee schedule adopted by the latest resolution of the Town Council. Where plans are incomplete or changed so as to require additional review, a fee may be charged as set forth in the Town’s resolution.

Section 104.5 “Fees” is hereby amended to read as follows:

104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the fee schedule adopted by the latest resolution of the Town Council. (Ord. 718 (part), 2022; Ord. 700 (part), 2019; Ord. 675 (part), 2016; Ord. 650 (part), 2013; Ord. 647 (part),

2013).

15.09.020 Section 104.5.2 Investigation Fees – amended.

Paragraph 104.5.2 Investigation Fees is hereby amended to read as follows:

104.5.2 Investigation Fees. Any person who commences any plumbing work for which a permit by the Town Code or resolution is required, without first having obtained a permit therefore, shall pay in addition to any other penalty or fine, a special investigation fee as set forth in the resolution of Town Council. This provision shall not apply to emergency work when it is proved to the satisfaction of the Building Official that the work was urgently necessary and that it was not practical to obtain the required permit before commencement of the work. In all such emergency cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, the investigation fees provided shall be charged, notwithstanding the earlier emergency. (Ord. 718 (part), 2022; Ord. 700 (part), 2019; Ord. 675 (part), 2016; Ord. 650 (part), 2013; Ord. 647 (part), 2013).

15.09.025 Section 713.0 Sewer Required – amended.

Section 713.1 ‘Where Required” is amended as follows:

Section 713.1 Where Required. Every building in which plumbing fixtures are installed and every premises having drainage piping thereon shall comply with all requirements of Chapter 13.04 Sewage Disposal of the Ross Municipal Code.

Section 713.2 is hereby repealed.

Section 713.3 is hereby repealed.

Section 713.4 is hereby repealed.

Section 713.7 is hereby repealed.

(Ord. 718 (part), 2022; Ord. 700 (part), 2019; Ord. 650 (part), 2013; Ord. 647 (part), 2013).

Chapter 15.10

CALIFORNIA ENERGY CODE

Sections:

(9) The site has adequate parking. For purposes of this section, adequate parking shall mean that the site complies with at least the minimum number of parking spaces required for the zoning district (covered or not covered). If the site does not comply with the covered parking requirement, the Town Council may require covered parking to be provided. The Town Council may consider the size of the residence and number of bedrooms and may require additional parking up to the following:

(g) Terms and Conditions. Any nonconformity permit approval may include such terms and conditions as deemed necessary or appropriate by the town council to effect the purposes of this ordinance.

(h) Any request that does not comply with the prescribed limitations set forth in this chapter shall require a variance, pursuant to Chapter 18.48. (Ord. 728 (part), 2025; Ord. 653 (part), 2014; Prior code §10 113 (part)).

18.52.045 Minor Nonconformity Permit.

(a) Purpose and Intent. The purpose of this section is to allow minor modifications to nonconforming structures to take place without the cost or the time commitment of town council review. These provisions retain public notice of the pending action and adherence to town guidelines and standards.

(b) Applicability. The Planning and Building Director or their designee may permit nonconforming structures in the Single Family Residence and Special Building Site B Districts to be enlarged, extended, reconstructed or structurally altered by approval of a minor nonconformity permit under the following conditions:

(1) No increase to the floor area or the location of the structure is being proposed;

(2) The structure is not readily visible from the public way or from immediately adjacent properties; or

(3) There is a minor visual impact as determined by the Planning and Building Director or their designee.

(c) Application. An application for a minor nonconformity permit shall be filed with the Planning and Building Director or their designee on forms prescribed by the Planning and Building Director or their designee, along with any plans or additional information required and the fee as established by a resolution of the town council. The application shall include, in part, evidence supporting the findings required by this chapter.

(d) Review and Approval Authority. The Planning and Building Director or their designee shall review and approve, conditionally approve, or deny an exception application administratively with no public meeting in accordance with this chapter, if no other entitlements are required. If other approvals are necessary, the minor nonconformity permit application shall be filed concurrently with the related applications and shall be acted upon by the town council. The Planning and Building Director or their designee may refer an application directly to the town council for consideration.

(e) Notice.

(1) The Planning and Building Director or their designee shall mail notice of intent to take action on a minor exception at least 10 days prior to the decision to the owner of the property that is the subject of the application and all adjacent property owners as shown on the latest equalized assessment roll. In lieu of using the assessment roll, the Town may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

(2) The notice shall provide that a decision will be made by the Planning and Building Director or their designee to approve or disapprove the minor exception application on a date specified in the notice. The notice shall include the name of the applicant, the scheduled date for action, a general explanation of the matter to be considered, the location of the real property that is the subject of the application and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided pursuant to Government Code Section 65091.

(f) Mandatory findings for minor nonconformity permit. The Planning and Building Director or their designee may approve or conditionally approve a minor nonconformity permit under this section if the Planning and Building Director or their designee has facts to support all of the following findings:

(1) The nonconforming structure was in existence at the time the ordinance that now prohibits the structure was passed. The structure must have been lawful when constructed. The property owner has the burden to prove by substantial evidence the nonconforming and legal status of the structure.

(2) The Planning and Building Director or their designee can make the findings required to approve any required demolition permit for the structure: The demolition will not remove from the neighborhood or town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value. The demolition will not adversely affect nor diminish the character or qualities of the site, the neighborhood or the community.

(3) The project substantially conforms to relevant design review criteria and standards in Section 18.41.100, even if design review is not required.

(4) Total floor area does not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s); or b) the maximum floor area permitted for the lot under current zoning regulations. The town shall apply the definition of floor area in effect at the time of the application for a nonconformity permit.

(5) Granting the permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(6) The project will comply with the Flood Damage Prevention regulations in Chapter 15.36.

(7) The fire chief has confirmed that the site has adequate access and water supply for firefighting purposes, or that the project includes alternate measures approved by the fire chief.

(8) The applicant has agreed in writing to the indemnification provision in Section 18.40.180.

(g) Terms and Conditions. Any minor nonconformity permit approval may include such terms and conditions as deemed necessary or appropriate by the Planning and Building Director or their designee to effect the purposes of this ordinance. (Ord. 728 (part), 2025; Ord. 713, 2022; Ord. 708 (part), 2020).

-- 18.52.050 Provision applicability Suspension time limit. The foregoing provisions shall also apply to nonconforming uses and structures created by future amendments to the provisions of this title and any time limit for the suspension of a nonconforming structure or use shall date from the date of the enactment of this title or any amendment which first creates the nonconformity. (Ord. 653 (part), 2014; Prior code §10 113 (part)).

Chapter 18.54

REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS

Sections:

Title 5

BUSINESS LICENSES AND REGULATIONS

Chapters:

Title 6

HEALTH AND SANITATION

Chapters:

Title 8

ANIMALS

Chapters:

Title 9

PEACE, SAFETY AND MORALS

Chapters:

Title 10

VEHICLES AND TRAFFIC

Chapters:

Title 12

STREETS AND SIDEWALKS

Chapters:

Title 13

WATER AND SEWERS

Chapters:

Title 14

FIRE PREVENTION

Chapters:

Title 15

BUILDINGS AND CONSTRUCTION

Chapters:

• 15.04 California Administrative Code

• 15.05 California Building Code

• 15.06 California Residential Code

• 15.07 California Electrical Code

• 15.08 California Mechanical Code

• 15.09 California Plumbing Code

• 15.10 California Energy Code

• 15.11 California Historical Building Code

• 15.13 California Existing Building Code

• 15.14 California Green Building Standards Code

• 15.15 California Referenced Standards Codes

• 15.16 1997 Uniform Code for the Abatement of Dangerous Buildings

• 15.17 1997 Uniform Housing Code

• 15.18 Dilapidated Buildings

• 15.19 International Property Maintenance Code

• 15.20 House Moving

• 15.24 Grading, Excavations and Fill

• 15.28 Underground Utility District

• 15.32 Report of Residential Building Records

• 15.36 Flood Damage Prevention

• 15.42 Outdoor Wood Burning Devices

• 15.46 Expedited Review of Small Residential Rooftop Solar Energy System Permits

• 15.48 Expedited Building Permit Process for Electric Vehicle Charging Stations

• 15.50 Time Limits for Completion of Construction

• 15.54 Stormwater Management

• 15.56 Disaster Recovery and Reconstruction

Title 17

SUBDIVISIONS

Chapters:

• 17.04 General Provisions

• 17.05 Merger of Parcels

• 17.08 Definitions

• 17.10 Lot Line Adjustments

• 17.12 Tentative Map

• 17.13 Vesting Tentative Maps

• 17.16 Final Map

• 17.20 General Design Standards

• 17.24 Improvement – Construction – Bonds

• 17.28 Exceptions – Appeals

• 17.32 Record of Survey Map

• 17.34 Parcel Maps

• 17.36 Four or Less Lots

• 17.40 Violations

• 17.44 Park Land Dedication and In-Lieu Park Fees

Title 18

ZONING

Chapters:

• 18.04 Adoption and Purpose 18.08 Districts Designated 18.12 Definitions 18.16 Single Family Residence (R-1) District 18.20 Local Service Commercial (C-L) District 18.24 Civic (C-D) District 18.28 Community Cultural (C-C) District 18.29 Public Facilities (P-F) District 18.30 Open Space (O-S) District 18.31 Floodway (F) District 18.32 Special Building Site (:B) Districts 18.36 Special Civic (:CD) Districts 18.37 Special Open (:O) District 18.38 Special Hazard (:H) District 18.39 Hillside Lot Regulations 18.40 General Regulations 18.41 Design Review 18.42 Accessory Dwelling Units 18.44 Use Permits 18.45 Minor Exceptions 18.46 Exceptions for Attics 18.48 Variances, Exceptions and Adjustments 18.50 Demolition of Structures 18.52 Nonconforming Structures and Uses 18.54 Requests for Reasonable Accommodation under the Fair Housing Acts 18.55 Wireless Telecommunications Facilities 18.56 Amendments and Alterations 18.60 Administration and Procedures 18.64 Enforcement and Penalties