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Home My Public Portal About2022.293 (11-15-22)RESOLUTION NO. 2022.293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2022 CALIFORNIA RESIDENTIAL CODE AND 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE IN ORDINANCE NO. 1755 ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS WHEREAS, Health and Safety Code Section 17958 provides that the City of Lynwood shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Residential Code, the California Plumbing Code, the California Electrical Code, the California Mechanical Code, the California Existing Building Code and the California Green Building Standards Code (hereinafter referred collectively as the "Codes"); and WHEREAS, Health and Safety Code Section 17958.5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic, or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Ordinance No. 1755 of the City of Lynwood includes several modifications to the 2022 California Residential Code and 2021 International Swimming Pool and Spa Code; and WHEREAS, the Community Development Department recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the 2022 California Residential Code and 2021 International Swimming Pool and Spa Code are reasonably necessary due to local conditions in the City of Lynwood. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Resolution. 1 Section 2. The City Council hereby finds that the following climatic conditions exist in the City of Lynwood: A The City of Lynwood is located in a semi -arid Mediterranean type climate that predisposes all fuels, including wood shingles, to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures. B. The City of Lynwood is located in an area subject to hot "Santa Ana" conditions consisting of potentially high winds and low humidity. This combination of events creates an environment, which is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, and the current level of traffic congestion will greatly impact the response time to reach an incident scene. C. Untreated wood roofs cause or contribute to serious fire hazards and to the rapid spread of fires, when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. Recent Grand Jury Report findings support this concern. D. The City is subject to dry seasonal weather conditions followed by occasional heavy winter rains, which in combination with the density of the development throughout the City and the relatively flat terrain create substantive concerns regarding the quality of storm water runoff, and require the City to take steps to effectively reduce and control contributions to the storm water system. Section 3. The City Council hereby finds that the following geological conditions exist in the City of Lynwood: A The Los Angeles region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge, 1987 Whittier, and 1933 Long Beach earthquakes. The State Department of Conservation, Division of Mines and Geology has identified that soils in the City of Norwalk are subject to liquefaction under certain conditions. Experts predict a major earthquake in our area within the next 30 years. This situation creates the need for both additional fire protection measures and automatic on -site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. B. The City of Lynwood is located in the middle of a highly active seismic active area. The viability of the public water system would be questionable, at best, after a major seismic event. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. 2 Section 4. The City Council hereby finds that the following topographic conditions exist in the City of Lynwood: A Traffic and circulation congestion presently existing in the City of Lynwood often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system may occur. This condition makes the need for additional on -site protection for property occupants necessary. B. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue -limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density commercial and residential buildings. These conditions create the need for built-in on -site fire protection systems to protect occupants and property until fire -fighting apparatus and personnel arrive on the scene. Section 5. Amendments related to fire and life -safety contained in Tables R301.2(1), Sections of the 2022 Edition of the California Residential Code as recommended by the Community Development Department are hereby found to be reasonably necessary due to the local climatic, geological or topographic conditions. Amendments to the 2021 International Swimming Pool and Spa Code are found reasonably necessary based on the climatic, geological, or topographic conditions cited in Sections 1, 2, and/or 3 of this Resolution or are administrative in nature and are listed as follows: California Residential Code Section Findings Table R301.2(1) 1-B, 1-D, 2-A & Administrative International Swimming Pool and Spa Code Section Findings 305.2 (a) Administrative 305.2 (b) Administrative 305.2.1 Deleted Administrative 305.3 Deleted Administrative Section 6. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Lynwood hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, causes or phrases be declared invalid. 3 Section 7. The Building Official is hereby directed to file a copy of this Resolution with the California Building Standards Commission. Section 8. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect PASSED, APPROVED AND ADOPTED this 15th day of November, 2022. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney OVED AS T T: Ga.J'l Linares, Co unity Development Director 4 STATE OF CALIFORNIA )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 15th day of November, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk 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 Resolution No. 2022.293 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of November, 2022. Maria Quinonez, City Clerk 5