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HomeMy Public PortalAboutUrgency Ord. 1729 URGENCY ORDINANCE NO. 1729 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADOPTING THE 2019 EDITIONS OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL BUILDING CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA FIRE CODE, THE CALIFORNIA PLUMBING CODE,AND THE CALIFORNIA MECHANICAL CODE WITH THE SPECIFIC LOS ANGELES REGIONAL UNIFORM CODE PROGRAM (LARUCP) AMENDMENTS BASED UPON LOCAL CONDITIONS, AMENDING CHAPTER 11 OF THE LYNWOOD MUNICIPAL CODE TO REFLECT SUCH CHANGES, AND REPEALING ALL PRIOR EDITIONS OF THE CALIFORNIA BUILDING CODE ADOPTED BY THE CITY COUNCIL RECITALS I. The State of California Building Standards Commission (BSC) adopts Title 24 of the California Code of Regulations on a tri-annual basis, which are the mandatory Statewide Building Laws known collectively as the "California Building Standards Code". II. The 2019 California Building Standards Code was published on July 1, 2019 and will become effective statewide on January 1, 2020. III. California Health and Safety Code Sections 13145.3, 17922, 17958 and 18941.5 requires that the latest California Building Standards Codes apply to local construction 180 days after they become effective at the State level, which date of effectiveness is January 1, 2020. IV. California Health and Safety Code Section Sections 17958.5 and 17958.7 requires that local amendments to the California Building Standards Codes and other regulations, including but not limited to, green building standards, be enacted only when an express finding is made that such modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions. V. Each time the new California Building.Standards Code is adopted, the Los Angeles Basin Chapter of the International Code Council develops a regional set of structural amendments known as the Los Angeles Regional Uniform Code Program (LARUCP). VI. The LARUCP, which is more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury, and death due to fires and earthquakes; and, are •1 reasonable and necessary to mitigate local climatic, geological, or topographical conditions. VII. The City of Lynwood has historically adopted the California Building Standards Code with the specific LARUCP amendments. VIII. The California Building Standards Code with the specific LARUCP amendments are used by the City of Lynwood staff (including but not limited to the Building Official, Building Inspector, Public Safety Officers, City Clerk, City Attorney, etc.), Designers, Architects, Engineers, Developers, Contractors, and the general publics. IX. Incorporating the 2019 California Building Standards Codes with the specific LARUCP amendments will keep the City of Lynwood in compliance with State law. X. Pursuant to California Government Code Section 50022.1 et seq., the City may adopt by reference the 2019 California Building Standards Codes. XI. Pursuant to Government Code Section 50022.6, at least one copy of all codes adopted by reference were filed with the City Clerk of the City and were available for public inspection for at least fifteen (15) days preceding the date of the hearing. XII. In accordance with Health and Safety Code Section 17958.7, it is in the public interest to adopt the 2019 California Building Standards Code with the specific LARUCP amendments known as the 2019 Edition of the LARUCP. XIII. The City's building regulations remain consistent with those of the State, providing minimum standards to safeguard life or limb, health, property, and public welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Urgency Findings. The City Council finds as follows: A. The facts set forth in the above Recitals of this Urgency Ordinance are true and correct, and incorporated into this Urgency Ordinance as substantive findings. B. This Urgency Ordinance is adopted as an urgency measure pursuant to Government Code Section 36937 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the following: 1. Pursuant to Health and Safety Code Section 17958, the California Building Standards Code (including any reasonable amendments based on local climatic, geological, or topographical conditions) must be in effect by January 1, 2020. 2 2. Without the enactment of this Urgency Ordinance, the 2019 California Building Standards Code would not be adopted (pursuant to Health and Safety Code Section 17958) posing a threat to the public health, safety, and welfare because a building permit could be issued based on outdated California Building Standards Code. 3. In order to prevent frustration of the Health & Safety Code, the public interest, health, safety, and welfare require immediate enactment of this Urgency Ordinance. The absence of this Urgency Ordinance would impair the orderly and effective implementation of the Lynwood Municipal Code. 4. Based on the foregoing, the City finds that there is a current and immediate threat to the public health, safety, or welfare and that this Urgency Ordinance is necessary in order to protect the City from the potential effects and impacts of an outdated Lynwood Municipal Code, which could adversely impact the quality of life in the City's neighborhoods. 5. The City Council further finds that this Urgency Ordinance is a matter of statewide, local, and citywide importance and is not directed toward any particular business that currently seeks to obtain a building permit under the existing California Building Standards Code. 6. The City Council finds that this Urgency Ordinance is authorized by the City's police powers. The City Council further finds that the requirement imposed by this Urgency Ordinance will not in any way deprive any person of rights granted by state or federal laws, and is essential to protect the public health, safety and welfare. Section 2. In accordance with California Health and Safety Code Section 17958.7, the City Council finds that there are local climatic, geographic, and topographic conditions justifying the various local amendments to the California Building Standards Code. The City Council finds and determines that certain building, standards established by these Codes are inadequate for use and enforcement in the City because of unique geological conditions prevailing within the City. Such geological conditions affect the potential consequences of soil strength loss due to known liquefaction zones within the City and the nearby location of earthquake faults, resulting in the possibility of tremendous loss of life and structures within the City unless appropriate building standards are adopted. The lessons learned from previous earthquakes, such as the Northridge and Whittier earthquakes, have been refined with studies and tests that have continued since the last code adoption cycle. The results of these studies and tests necessitate adoption of further amendments to the structural requirements of the California Building Standards Code. The proposed structural amendments are detailed in the 2019 Edition of the LARUCP, which are adopted as part of the 2019 California Building Standards Code. 3 Section 3. Pursuant to Government Code Section 50022.9, the City Council incorporates by reference, along with the 2019 Edition of the LARUCP, the 2019 California Building Standards Code (Title 24, California Code of Regulations) in their entirety, which includes the following 13 parts: Part 1 California Administrative Code (CAC) Part 2 California Building Code (CBC) Part 2.5 California Residential Code (CRC) Part 3 California Electrical Code (CEC) Part 4 California Mechanical Code (CMC) Part 5 California Plumbing Code (CPC) Part 6 California Energy Code (CEEC) Part 7 (Currently Vacant) Part 8 California Historical Building Code (CHBC) Part 9 California Fire Code (CFC) Part 10 California Existing Building Code (CEBC) Part 11 California Green Building Standards Code (CALGreen) Part 12 California Reference Standards Code Section 4. In accordance with Health and Safety Code Section 18942, one copy of said Codes will remain on file in the office of the City Clerk. Section 5. Chapter 11 "Building and Housing" of the Lynwood Municipal Code (" LMC') is hereby repealed and replaced to read as follows: 11-1 Building Code -Adopted by Reference; Where Filed Chapters 1 through 35, and Appendix Chapters B, C, F, H, I, and J of California Code of Regulations Title 24, Part 2 (the 2019 California Building Code) are adopted by reference as the Building Code of the City of Lynwood. In accordance with California Government Code Section 50022.6, one (1) copy of the chapters and appendices must remain on file with the Building Official within the Department of Planning and must be at all times maintained by the Building Official for use and examination by the public. Section 6. Chapter 11 "Building and Housing", Section 11- 6 (Electrical Code) and 11-6.1 (Electrical Code Adopted) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 11-6 Electrical Code 11- 6.1 Electrical Code Adopted: Except as provided herein, the 2019 edition of the California Electrical Code, as promulgated and published by the National Fire Protection Association, Inc., including any California amendments and adopted annexes thereof, is hereby adopted by 4 reference as though fully set forth herein, and shall constitute and is hereby established as "The Electrical Code of the City of Lynwood" ("electrical code" herein). A copy of the 2019 edition of the California Electrical Code has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Section 7. Chapter 11 "Building and Housing", Section 11-9 (Plumbing Code) and 11-9.1 (Plumbing Code Adopted) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 11- 9 Plumbing Code 11- 9.1 Plumbing Code Adopted: Except as provided herein, the 2019 edition of the California Plumbing Code, as promulgated and published by the International Association of Plumbing and Mechanical Officials, including any California amendments and adopted appendices thereof, is hereby adopted - by reference as though fully set forth herein, and shall constitute and is hereby established as " The Plumbing Code of the City of Lynwood" plumbing code" herein). A copy of the 2019 edition of the California Plumbing Code has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Section 8. Chapter 11 "Building and Housing", Section 11-10 (Mechanical Code) and 11- 10.1 (Mechanical Code Adopted) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 11- 10 Mechanical Code 11- 10.1 Mechanical Code Adopted: Except as provided herein, the. 2019 edition of the California Mechanical Code, as promulgated and published by the International Association of Plumbing and Mechanical Officials, including any California amendments and adopted appendices thereof, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as " The Mechanical Code of the City of Lynwood" mechanical code" herein). A copy of the 2019 edition of the California Mechanical 3 Code has been deposited in the office of the City ' Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Section 9. Chapter 11 "Building and Housing", Section 11-18 (Appendix Chapter Al of the California Existing Building Code) and 11-18.1 (Appendix Chapter Al of the California Existing Building Code Adopted) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 5 11- 8 Appendix Chapter Al of the California Existing Building Code 11- 18.1 Appendix Chapter Al of the California Existing Building Code Adopted: Except as hereinafter provided, Appendix Chapter Al of the California Existing Building Code, as contained in Part 10 of Title 24 of the California Code of Regulations is adopted by reference and incorporated herein as though fully set forth and shall constitute Appendix Chapter Al of the existing building code of the city. A copy of that California Existing Building Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Section 10. Chapter 11 "Building and Housing, Section 11-21 (Residential Code), Section 11-21. 1 (Residential Code Adopted) and Section 11-21.2 (Amendments to the Residential Code) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 11- 21 Residential Code 11-21.1 Residential Code Adopted: Except as provided herein, the 2019 edition of the California Residential Code, as promulgated and published by the International Code Council, and including any California amendments or adopted appendices, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "The Residential Code of the City of Lynwood" ("Residential Code" herein). A copy of the 2019 edition of the California Residential Code has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Section 11. Chapter 11 "Building and Housing", Section 11-22 (Green Building Standards Code) and 11-21.1 (Green Building Standards Code Adopted) of the Lynwood Municipal Code are hereby repealed and replaced to read as follows: 11-22 Green Building Standards Code 11-22.1 Green Building Standards Code Adopted: Except as provided herein, the mandatory provisions of the 2019 edition of the California Green Building Standards Code is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "The Green Building Standards Code of the City of Lynwood" ("Green Code" herein). A copy of the 4 2019 edition of the California Green Building Standards Code has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Section 12. Construction. This Urgency Ordinance must be broadly construed in order to achieve the purposes stated in this Urgency Ordinance. It is the City Council's intent that the provisions of this Urgency Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Urgency Ordinance. 6 Section 13. Enforceability. Repeal of any provision of the Lynwood Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Urgency Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Section 14. CEQA Findings. This Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Urgency Ordinance maintain the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that the Urgency Ordinance may have a significant adverse effect on the environment, the adoption of the Urgency Ordinance is exempt from CEQA. Section 15. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have passed this Urgency Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Urgency Ordinance would be subsequently declared invalid or unconstitutional. Section 16. Effective Date. This Urgency Ordinance enacted under California Government Code.Section 65858(a) will take effect immediately upon adoption by four- fifths (4/5th) vote of the City Council and become operative January 1, 2020. Section 17. Adoption. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall cause it to be published and/or posted as required by law. Section 18. Filing. The City Clerk shall file a certified copy of this Urgency Ordinance with the California Building Standards Commission. (Signatures on the Next Page) 7 PASSED, APPROVED AND ADOPTED this 17th day of December 2019. Aide Castro, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AT TO CONTENT: Ze--P Noel Tapia, Jose O feotl, City Attorney City Manager 8 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Urgency Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 17th day of December, 2019, and passed by the following vote: AYES: COUNCIL MEMBER ALATORRE, SANTANA, SOLACHE, MAYRO PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE (../kft: Maria Quinonez, City Clerk (1)) STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Urgency Ordinance No.1729. on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 17th day of December, 2019. nAsr- Ci Maria Quinonez, City Clerk 9