10-A — Bellflower City Council, January 27, 2025

10-A

TO: Honorable Mayor and Members of the City Council

FROM: Ryan Smoot, City Manager
Karl H. Berger, City Attorney

SUBJECT: Consideration and possible action to 1) read by title only, waive further reading, and adopt Urgency Ordinance No. 1438; and 2) read by title only, waive further reading, and introduce Ordinance No. 1439 – An Ordinance amending Bellflower Municipal Code Chapter 15.40 and reaffirming the City Council’s determination that the City comply with regulations promulgated by the State of California to protect public health, safety and from the devastation of uncontrolled fire incidents.

DATE: January 27, 2025

EXECUTIVE SUMMARY

If adopted, Ordinance Nos. 1438 and 1439 will amend Chapter 15.40 of the Bellflower Municipal Code (“BMC”) to (1) reaffirm the City Council’s decision to utilize the California Fire Code (“CFC”) as codified in Title 24 of the California Code of Regulations (“CCR”); and (2) reauthorize the Building Official to utilize the CFC while reviewing building plans submitted to obtain building permits. Additionally, these Ordinances would authorize the City Manager and City Attorney to take certain actions in response to the Consolidated Fire Protection District of Los Angeles County (the “Fire District”) efforts to challenge the City Council’s ability to adopt the CFC in accordance with the CCR and applicable law. A related, but separate, agenda item recommends issuing legislative subpoenas regarding this subject.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Urgency Ordinance No. 1438 upon 4/5ths vote; and

2) Read by title only, waive further reading, and introduce Ordinance No. 1439; or

3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The City will incur costs associated with the codification of the Ordinances. Separately, there will be costs resulting from the City Manager and City Attorney implementing Section 3 of the Ordinances, e.g., seeking opinions from the Department of Housing and Community Development (“HCD”) and the Attorney General’s Office (“AG”). These costs are difficult to substantiate at the time of this writing.

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o“ 01: BELLFLO
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"o ROWING TOGETk‘YFS t f t

Staff Report – Ordinance Nos. 1438 and 1439
January 27, 2025

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DISCUSSION

In February 2019, the City Council opted to amend the BMC to authorize the City’s Building Official to implement the City’s fire regulations when reviewing building plans (see, attached Staff Report dated February 11, 2019). Thereafter, in October 2019, the City Council opted not to ratify the Fire District’s regulations (found at Title 32 of the Los Angeles County Code of Ordinances)1 and instead adopted the CFC, with local amendments (see, attached Staff Report dated October 28, 2019). The Council again adopted the CFC, with local amendments, in 2022 (see, attached Staff Report dated November 14, 2022). Notably, the City specifically notified the Fire District regarding the proposed changes in 2019 (see, e.g., attached e-mail dated September 4, 2019). The Fire District, however, provided no communication on this matter until 2024.

As discussed in the separate agenda item regarding legislative subpoenas, the Fire District in 2024 challenged the City’s legal authority to adopt the CFC. The Fire District’s position is that its fire regulations – not those adopted by the State of California and incorporated by reference into the BMC – control within the City’s jurisdiction.

In November 2024, the voters overwhelming adopted the City Charter for Bellflower. As noted within the findings for the Ordinance, the City Council’s ability to adopt the CFC and authorize the Building Official to implement the CFC while reviewing building plans is squarely within the City’s legal authority: both under California law and the City Charter.

The proposed Ordinances would, if adopted, reaffirm the City Council’s decision to utilize the CFC for reviewing building plans and authorize the Building Official to approve (or deny) such plans. Only the Building Official has the legal authority to issue building permits. Nothing in the Ordinances prevents the Fire District from enforcing the CFC.

Indeed, under the present circumstances, such effort is encouraged.

In addition to amending the BMC, the Ordinances also direct the City Manager and City Attorney to provide the Office of the State Fire Marshal (“OSFM”), HCD, and the AG with copies of the Ordinances. This is to further the Governor’s efforts to expedite and streamline approvals for development in accordance with his January 12, 2025 Executive Order. The Ordinances identify such efforts, including the Executive Order, as the “Sensible Permits, Advice, Regulations and Knowledge” or “SPARK.”

A review of the City’s efforts since (at least) 2019 show that the Ordinances should be considered by OSFM and HCD as a model for SPARK. Reducing bureaucracy, cost, and time for review results building plans to be processed expeditiously and inexpensively.

Implementing such SPARK removes barriers to developing commercial and residential structures and ultimately makes construction and redevelopment of much needed housing and commercial structures more affordable.

ATTACHMENTS:

1. February 11, 2019, Staff Report ........................................................................... 3

2. Correspondence dated September 4, 2019 ........................................................ 13

3. October 28, 2019, Staff Report ........................................................................... 14

4. November 14, 2022, Staff Report ....................................................................... 17

5. Urgency Ordinance No. 1438 ............................................................................. 20

6. Ordinance No. 1439 …………………………………………………………………...27

1 http://lacounty-ca.elaws.us/code/coor_title32 (accessed January 22, 2025) -2-

GZ
Op BELLFLot,,
orRow N staff,eport
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
Stephen L. Patterson, Building Official
SUBJECT: Consideration and possible action to 1) adopt Urgency Ordinance No. 1371 — An Urgency Ordinance amending Bellflower Municipal Code ("BMC") § 15.40.010 by authorizing the City's Chief Building Official, or designee, to enforce the Fire Code in accordance with California Health and Safety Code § 13869.7(h)(1); and 2) read by title only, waive further reading, and introduce Ordinance No. 1372 An Ordinance amending Bellflower Municipal Code ("BMC")

15.40.010 by authorizing the City's Chief Building Official, or designee, to enforce the Fire Code in accordance with Health and Safety Code § 13869.7(h)(1).

DATE: February 11, 2019

RECOMMENDATION TO CITY COUNCIL
1) Adopt Urgency Ordinance No. 1371, amending Bellflower Municipal Code ("BMC") Section 15.40.010 authorizing the City's Chief Building Official to enforce the Fire Code pursuant to Health and Safety Code Section 13869.7(h)(1)(B); and 2) Read by title only, waive further reading and introduce Ordinance No. 1372, amending BMC Section 15.40.010 authorizing the City's Chief Building Official to enforce the Fire Code pursuant to Health and Safety Code Section 13869.7(h)(1)(B); or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
None identified.

DISCUSSION
During a recent review of the Bellflower Municipal Code ("BMC"), the City Attorney advised staff that it would be advisable to clarify the authority delegated to the City's Building Official under the Health and Safety Code. This arose in the context of reviewing building standards applied pursuant to regulations adopted by the Los Angeles County Consolidated Fire Protection District ("LA Fire") and adopted by reference in the BMC (the "Fire Code").

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O‘X‘l 0F BELLFLOI’VEQ
«J, o staf _ 12-A eport
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
Stephen L. Patterson, Building Official
SUBJECT: Consideration and possible action to 1) adopt Urgency Ordinance No. 1371 — An Urgency Ordinance amending Bellflower Municipal Code (“BMC”) § 15.40.010 by authorizing the City’s Chief Building Official, or designee, to enforce the Fire Code in accordance with California Health and Safety Code § 13869.7(h)(1); and 2) read by title only, waive further reading, and introduce Ordinance No. 1372 — An Ordinance amending Bellflower Municipal Code (“BMC”) § 15.40.010 by authorizing the City’s Chief Building Official, or designee, to enforce the Fire Code in accordance with Health and Safety Code § 13869.7(h)(1).

DATE: February 11, 2019
RECOMMENDATION TO CITY COUNCIL.
1) Adopt Urgency Ordinance No. 1371, amending Bellflower Municipal Code (“BMC”) Section 15.40.010 authorizing the City’s Chief Building Official to enforce the Fire Code pursuant to Health and Safety Code Section 13869.7(h)(1)(B); and 2) Read by title only, waive further reading and introduce Ordinance No. 1372, amending BMC Section 15.40.010 authorizing the City’s Chief Building Official to enforce the Fire Code pursuant to Health and Safety Code Section 13869.7(h)(1)(B); or
3) Alternatively, discuss and take other action related to this item,

FISCAL IMPACT
None identified.

DISCUSSION
During a recent review of the Bellflower Municipal Code (“BMC”), the City Attorney advised staff that it would be advisable to clarify the authority delegated to the City’s Building Official under the Health and Safety Code. This arose in the context of reviewing building standards applied pursuant to regulations adopted by the Los Angeles County Consolidated Fire Protection District (“LA Fire”) and adopted by reference in the BMC (the “Fire Code”).

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Staff Report — Building Official
February 11, 2019

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DISCUSSION - Continued
Under the Health and Safety Code, the City is required to either appointed the LA Fire Chief as the enforcement officer for the Fire Code or the City's own Building Official.

While the City continues to coordinate building projects with LA Fire, the City's Building Official is most knowledgeable regarding pending City projects. And, it is apparent the City Council intended for the Building Official to enforce all aspects of the uniform codes fire, building, plumbing, etc.) within the BMC.

To ensure that there is no interruption in enforcement of these codes, it is crucial that the BMC be immediately amended. Accordingly, it is recommended that the City Council adopt both an urgency and regular ordinance to implement the recommended amendment.

ATTACHMENTS
Urgency Ordinance No. 1371 3
Ordinance No. 1372 7
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Staff Report — Building Official
February 11, 2019

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DISCUSSION - Continued
Under the Health and Safety Code, the City is required to either appointed the LA Fire Chief as the enforcement officer for the Fire Code or the City’s own Building Official.

While the City continues to coordinate building projects with LA Fire, the City’s Building Official is most knowledgeable regarding pending City projects. And, it is apparent the City Council intended for the Building Official to enforce all aspects of the uniform codes (fire, building, plumbing, etc.) within the BMC.

ATTACHMENTS
Urgency Ordinance No. 1371 .......................................................................................... 3 ordinance NO. 1372 u...u..........u... ..... .u... ..... .u... ..... ..... 3...... «s. in"... «s. 3...... m. ...... .aa. ...... .-.a. ...... .u. ...... .-...- ...... .-... 7

CITY OF BELLFLOWER
ORDINANCE NO. 1371

AN URGENCY ORDINANCE AMENDING BELLFLOWER
MUNICIPAL CODE ("BMC") § 15.40.010 BY AUTHORIZING THE

CITY'S CHIEF BUILDING OFFICIAL, OR DESIGNEE, TO

ENFORCE THE FIRE CODE IN ACCORDANCE WITH
CALIFORNIA HEALTH AND SAFETY CODE § 13869.7(h)(1).

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

A. The City Council reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations").

B. The City of Bellflower receives fire services provided by the Los Angeles County Consolidated Fire Protection District ("LA Fire"). In addition to suppression and prevention services, LA Fire also reviews building plans on the City's behalf to help ensure compliance with applicable law.

C. Chapter 15.40 of the BMC adopts the 2016 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code §§ 17958 and 13869.7 which authorizes the City to adopt, modify, or reject ordinances adopted by LA Fire including, without limitation, building standards. The City has historically opted to adopt LA Fire regulations in order to assist in preserving uniformity between cities receiving services from LA Fire.

D. Health and Safety Code § 13869.7(h)(1)(B) provides that the "city ... that ratifies an ordinance relating to fire and panic safety ... shall delegate the enforcement of the ordinance to ... [t]he chief building official of the city ... or his or her authorized representative."
E. After reviewing Chapter 15.40 of the BMC, the authorization delegated to the Bellflower Chief Building Official to enforce the Fire Code (in addition to the Building Code) is not immediately apparent. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code § 13869.7 to ensure continued enforcement of the City's building, fire and other uniform codes.

F. This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at its February 11, 2019 regular meeting and the staff report submitted by the City's Building Official.

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CITY OF BELLFLOWER
ORDINANCE NO. 1371

AN URGENCY ORDINANCE AMENDING BELLFLOWER
MUNICIPAL CODE (“BMC”) § 1540.010 BY AUTHORIZING THE
CITY’S CHIEF BUILDING OFFICIAL, OR DESIGNEE, TO

ENFORCE THE FIRE CODE IN ACCORDANCE WITH
CALIFORNIA HEALTH AND SAFETY CODE § 13869.7(h)(1).

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

A. The City Council reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”).

The City of Bellflower receives fire services provided by the Los Angeles County Consolidated Fire Protection District (“LA Fire"). In addition to suppression and prevention services, LA Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law.

Chapter 15.40 of the BMC adopts the 2016 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code §§ 17958 and 13869.7 which authorizes the City to adopt, modify, or reject ordinances adopted by LA Fire including, without limitation, building standards. The City has historically opted to adopt LA Fire regulations in order to assist in preserving uniformity between cities receiving services from LA Fire.

Health and Safety Code § 13869.7(h)(1)(B) provides that the “city that ratifies an ordinance relating to fire and panic safety shall delegate the enforcement of the ordinance to [t]he chief building official of the city or his or her authorized representative.”
. After reviewing Chapter 15.40 of the BMC, the authorization delegated to the Bellflower Chief Building Official to enforce the Fire Code (in addition to the Building Code) is not immediately apparent. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code § 13869.7 to ensure continued enforcement of the City's building, fire and other uniform codes.
.This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at its February 11, 2019 regular meeting and the staff report submitted by the City’s Building Official.

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City of Bellflower
Ordinance No. 1371

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G. The City Council has determined that it is in the best interest of the public to immediately implement this Ordinance to avoid any threat to the public welfare, ambiguities, lapse in enforcement, or uncertainty in the law.

H. Accordingly, in accordance with Government Code §§ 36934 and 36937(b), the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare.

SECTION 2. The proposed revisions will be illustrated with strikethrough for existing language that is proposed for deletion, and underlined for new language.

SECTION 5. BMC § 15.40.010 is amended as follows:

15.40.010 Fire Code—Adopted by Reference; Where Filed.

B. In accordance with California Government Code Section 50022.6, one (1) copy of the Los Angeles County Ordinance and the 2016 Los Angeles County Fire Code 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. { Formatted: Font color: Black C. Pursuant to Health and Safety Code § 13869.7(h)(1)(B), the Building Official, or designee, is authorized to enforce the 2016 Los Angeles County Fire Code."
SECTION 7. Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the Ordinance does not have the potential to cause significant effects to the environment and, therefore, the project is exempt from the California Environmental Quality Act CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 8. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable law.

SECTION 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

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between paragraphs of the same style, No
bullets or numbering
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City of Bellflower
Ordinance No. 1371

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SECTION 2. The proposed revisions will be illustrated with strikethreugh for existing language that is proposed for deletion, and underlined for new language.

SECTION 5. BMC § 15.40.010 is amended as follows?
“15.40.010 Fire Code—Adopted by Reference; Where Filed.

A. Title 32 of the Los Angeles County Code (the 2016 Los Angeles County Fire Code), as adopted and amended by the County of Los Angeles is adopted by reference as the Fire Code of the City of Bellflower.
.0
0 _In accordance with California Government Code Section 50022.6, one (1) copy of the Los Angeles County Ordinance and the 2016 Los Angeles County Fire Code 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,
Pursuant to Health and Safe Code '- 13869.7 h '1' 'B the Buildin ffiilor sin i hriz nfr h21L Anl n
Fire Code."
SECTION 7. Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the Ordinance does not have the potential to cause significant effects to the environment and. therefore, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 8. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other appliCable law.

SECTION 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

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between paragraphs of the same style, No
bullets or numbering
_ /[ Formatted: Font color: Black l

City of Bellflower
Ordinance No. 1371

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SECTION 11. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this 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 12. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 13. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 14. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 15. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 16. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 17. Declaration of Urgency. Based on the findings set forth in Section 1, this is an Urgency Ordinance adopted for the immediate preservation of the public peace, health, safety and welfare.
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City of Bellflower
Ordinance No. 1371

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SECTION 11. Enforceablllty. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this 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. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 16. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower‘s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 17. Declaration of Urgency. Based on the findings set forth in Section 1, this is an Urgency Ordinance adopted for the immediate preservation of the public peace, health, safety and welfare.

City of Bellflower
Ordinance No. 1371

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SECTION 18. Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by fourth -fifths vote.

ORDINANCE NO. 1371 WAS DULY PASSED, APPROVED, AND ADOPTED

BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF FEBRUARY 11, 2019, AS AN URGENCY ORDINANCE.

Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
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City of Bellflower
Ordinance No. 1371

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ORDINANCE NO. 1371 WAS DULY PASSED, APPROVED, AND ADOPTED

BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF FEBRUARY 11, 2019, AS AN URGENCY ORDINANCE.

Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney

CITY OF BELLFLOWER
ORDINANCE NO. 1372

AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE
BMC") § 15.40.010 BY AUTHORIZING THE CITY'S CHIEF

BUILDING OFFICIAL, OR DESIGNEE, TO ENFORCE THE FIRE

CODE IN ACCORDANCE WITH CALIFORNIA HEALTH AND
SAFETY CODE § 13869.7(h)(1).

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

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CITY OF BELLFLOWER
ORDINANCE NO. 1372
AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE (“BMC”) § 15.40.010 BY AUTHORIZING THE CITY’S CHIEF BUILDING OFFICIAL, OR DESIGNEE, TO ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE § 13869.7(h)(1).

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

A. The City Council reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”). the regulations promulgated thereunder (14 Cal. Code Of Regulations §§15000, et seq., the “CEQA Guidelines”): CEQA. CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”).

The City Of Bellflower receives fire services provided by the Los Angeles County Consolidated Fire Protection District (“LA Fire"). In addition tO suppression and prevention services, LA Fire also reviews building plans on the City’s behalf tO help ensure compliance with applicable law.

Health and Safety Code § 13869.7(h)(1)(B) provides that the “city that ratifies an ordinance relating to fire and panic safety shall delegate the enforcement Of the ordinance to [t]he chief building Official of the City or his or her authorized representative."
. After reviewing Chapter 15.40 of the BMC, the authorization delegated to the Bellflower Chief Building Official to enforce the Fire Code (in addition to the Building Code) is not immediately apparent. While such authority is implied. it is in the public interest to demonstrate clear compliance with Health and Safety Code § 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes.

This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at its February 11, 2019 regular meeting and the staff report submitted by the City‘s Building Official.

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City of Bellflower
Ordinance No. 1372

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SECTION 2. The proposed revisions will be illustrated with strikethrough for existing language that is proposed for deletion, and underlined for new language.

SECTION 3. BMC § 15.40.010 is amended as follows:

15.40.010 Fire Code—Adopted by Reference; Where Filed.

B. In accordance with California Government Code Section 50022.6, one (1) copy of the Los Angeles County Ordinance and the 2016 Los Angeles County Fire Code 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,
B -C. Pursuant to Health and Safety Code § 13869.7(h)(1)(B), the Building Official, or designee, is authorized to enforce the 2016 Los Angeles County Fire Code."
SECTION 4. Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the Ordinance does not have the potential to cause significant effects to the environment and, therefore, the project is exempt from the California Environmental Quality Act CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 5. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable law.

SECTION 6. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

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between paragraphs of the same style, No
bullets or numbering
City of Bellflower
Ordinance No. 1372

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SECTION 2. The proposed revisions will be illustrated with strikethreegh for existing language that is proposed for deletion, and underlined for new language.

SECTION 3. BMC § 15.40.010 is amended as follows:
“15.40.010 Fire Code—Adopted by Reference; Where Filed.

P“

_In accordance with California Government Code Section 50022.6, one (1) copy of the Los Angeles County Ordinance and the 2016 Los Angeles County Fire Code 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.‘
Pursuant to Health and Safe Code .- 13869.7 h 18 the Buildin ' OfficialI or designee, is authorized to enforce the 2016 Los Angeles County:

Fire Code."
SECTION 4. Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the Ordinance does not have the potential to cause significant effects to the environment and, therefore, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 5. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable law.

SECTION 6. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. /‘[ Formatted: Font color: Black
‘l Formatted: List Paragraph, Left, Add space
between paragraphs of the same style, No
bullets or numbering
J:

City of Bellflower
Ordinance No. 1372

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SECTION 7. Enforceability. Repeal of any provision of the BMC does not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this 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.

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SECTION 7. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this 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. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. it is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 16. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

City of Bellflower
Ordinance No. 1372

Page 4 of 4 ends

SECTION 18. Effective Date. This Ordinance will become effective 30 days after its adoption and remain effective unless superseded or repealed by a subsequent ordinance.

ORDINANCE NO. 1372 HAD ITS FIRST READING ON FEBRUARY 11, 2019,

ITS SECOND READING ON , AND WAS DULY PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS

REGULAR MEETING OF
Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
10-
City of Bellflower
Ordinance No. 1372

Page 4 of 4 ends

SECTION 18. Effective Date. This Ordinance will become effective 30 days after its adoption and remain effective unless superseded or repealed by a subsequent ordinance.

ORDINANCE NO. 1372 HAD ITS FIRST READING ON FEBRUARY 11, 2019,

ITS SECOND READING ON , AND WAS DULY PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF .

Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
40-

1 of 1
Wednesday, January 22, 2025 at 09:49:10 Pacific Standard TimeWednesday, January 22, 2025 at 09:49:10 Pacific Standard TimeWednesday, January 22, 2025 at 09:49:10 Pacific Standard TimeWednesday, January 22, 2025 at 09:49:10 Pacific Standard Time Subject:Subject:Subject:Subject:2019 Code Adoption
Date:Date:Date:Date:Wednesday, September 4, 2019 at 14:54:35 Pacific Daylight Time From:From:From:From:Steve Patterson
To:To:To:To:'[email protected]'
CC:CC:CC:CC:Len Gorecki, Steve Patterson
Brent, hope all is well. Have not talked with you for some 9me. As you know, Len Gorecki has reached out on several occasions, via email, asking LA County Fire to sit with Bellflower staff to review any possible amendments to the Codes that may best serve the City of Bellflower.

To date, we have not heard a response to our requests to work together on the final version of the applicable codes for our Council considera9ons.

I am asking once again, as our DRAFT ordinance is completed, for you, or LA County Fire to advise if you wish to meet to review any possible Amendments.

I would respecJully ask that we hear from someone prior to close of business on Oct. 4, 2019, 5:00 p.m. of your desire to meet, not interested in mee9ng, submiSal of any Amendments to beSer Bellflower, or just to sit and discuss common interests.

Please advise so we can move forward to have all applicable Codes in place prior to the mandatory December 31, 2019 State required 9me frame.

Brent, hoping we can work together, looking forward to the response, Steve

G.T,
a asL.
fizowER0 staf 1 2 -Ateport()WING Tocati°
1-
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Stephen L. Patterson, Building Official
SUBJECT: Consideration and possible action to 1) read by title only, waive further reading and introduce Ordinance No. 1381 — An Ordinance adopting the 2019 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code; making certain
amendments based upon local conditions, and amending the Bellflower Municipal Code to reflect such changes; and 2) setting a public hearing for November 25, 2019, for second reading and adoption of the Ordinance.

DATE: October 28, 2019

EXECUTIVE SUMMARY
The 2019 California Building Standards Code ("CBSC") takes effect on January 1, 2020.

The Planning Department, including the Building and Safety Division, is proposing amendments to the Bellflower Municipal Code relating to building code regulations for the purpose of complying with State requirements and to update current administrative and technical standards. The last code adoption with amendments to the Bellflower Municipal Code relating to building code regulations was November 14, 2016.

This Ordinance would amend portions of the proposed 2019 CBSC and adopt the 2019 Edition of the CBSC.

Page 1 of 3 ends

fi staf 12-A teport
TO; Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Stephen L. Patterson, Building Official
SUBJECT: Consideration and possible action to 1) read by title only, waive further reading and introduce Ordinance No. 1381 — An Ordinance adopting the 2019 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code; making certain
amendments based upon local conditions, and amending the Bellflower Municipal Code to reflect such changes; and 2) setting a public hearing for November 25, 2019, for second reading and adoption of the Ordinance.

DATE: October 28, 2019

EXECUTIVE SUMMARY
The 2019 California Building Standards Code (“CBSC”) takes effect on January 1, 2020.

This Ordinance would amend portions of the proposed 2019 CBSC and adopt the 2019 Edition of the CBSC.

Page 1 of 3 ends

Staff Report - 2019 California Building Standards Codes; Ordinance No. 1381 October 28, 2019

Page 2 of 3 ends

RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1381; and 2) Set a public hearing for the November 25, 2019, City Council Meeting for second reading and possible adoption of the Ordinance; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The cost to administer implementation of the CBSC is recovered via Building Division permit fees.

PUBLIC NOTICE
For the adoption of uniform codes, state law requires that the second reading of the Ordinance be noticed as a public hearing. Accordingly, if the City Council follows staff's recommendation to set a public hearing for November 25, 2019, legal notice will be published on November 7, 2019, and November 14, 2019, in the Herald -American newspaper in anticipation of the upcoming Public Hearing.

ENVIRONMENTAL ASSESSMENT
This Ordinance is exempt from review under the California Environmental Quality Act California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines") because it consists only of minor revisions and clarifications to an existing code of construction -related regulations and specification of procedures. These will not have the effect of deleting or substantially changing any regulatory standards or findings. Accordingly, the Ordinance (by itself) does not have the potential to cause significant effects on the environment. In addition, this Ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

TYPE OF ACTION (LEGISLATIVE)
The recommended action includes amending Title 15 of the Bellflower Municipal Code by adopting the 2019 Edition of the CBSC. In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).

For the proposed amendments, the City Council must find that they are reasonably necessary because of local climatic, geological or topographical conditions (Health and Safety Code § 17958.7). These findings, and the facts upon which they rely, are included within the draft Ordinance.

Staff Report - 2019 California Building Standards Codes; Ordinance No. 1381 October 28, 2019

Page 2 of 3 ends

RECOMMmATIQN TO_C|TY COUNCIL.
1) Read by title only, waive further reading, and introduce Ordinance No. 1381; and 2) Set a public hearing for the November 25, 2019, City Council Meeting for second reading and possible adoption of the Ordinance; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The cost to administer implementation of the 0880 is recovered via Building Division permit fees.

PUBLIC NOTICE
For the adoption of uniform codes, state law requires that the second reading of the Ordinance be noticed as a public hearing. Accordingly, if the City Council follows staff’s recommendation to set a public hearing for November 25, 2019, legal notice will be published on November 7, 2019, and November 14, 2019, in the Herald-American newspaper in anticipation of the upcoming Public Hearing.

ENVIRONMENTAL ASSESSMENT
This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “State CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures. These will not have the effect of deleting or substantially changing any regulatory standards or findings. Accordingly, the Ordinance (by itself) does not have the potential to cause significant effects on the environment. In addition, this Ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

TYPE OF ACTION (LEGISLATIVE'I
The recommended action includes amending Title 15 of the Bellflower Municipal Code by adopting the 2019 Edition of the CBSC. In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).

Staff Report - 2019 California Building Standards Codes; Ordinance No. 1381 October 28, 2019

Page 3 of 3 ends

DISCUSSION
The California Building Standards Commission is authorized by the California Building Standards Law (Health and Safety Code §§ 18901 through 18949.31) to administer the processes related to the adoption, approval, publication, and implementation of California's building codes.

California Code of Regulations ("CCR"), Title 24, also known as the CBSC, is a compilation of three types of building criteria from three origins:

Building standards that have been adopted by state agencies with change from building standards contained in national model codes;
Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and
Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

Since 1989, the Commission has published triennial editions of Title 24 in their entirety.

These building codes are comprised of twelve (12) parts containing the regulations that govern and serve as the basis for the design and construction of all buildings and structures in California.

California law requires that the City Council conduct a public hearing before second reading of ordinances that adopt the CBSC by reference. Staff recommends that the City Council set a public hearing for the second reading of the Ordinance at its November 25, 2019, meeting.

ATTACHMENT
Ordinance No. 1381 4
Staff Report - 2019 California Building Standards Codes; Ordinance No. 1381 October 28, 2019

Page 3 of 3 ends

California Code of Regulations (“CCR”), Title 24, also known as the CBSC, is a compilation of three types of building criteria from three origins:
0 Building standards that have been adopted by state agencies with change from building standards contained in national model codes;
. Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and
0 Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

Since 1989, the Commission has published triennial editions of Title 24 in their entirety.

These building codes are comprised of twelve (12) parts containing the regulations that govern and serve as the basis for the design and construction of all buildings and structures in California.

ATTACHMENT
Ordinance No. 1381 .............................................. 4

pp BELLFZ,
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Jamie Bruccoleri, Building Official
SUBJECT: Consideration and possible action to 1) read by title only, waive further reading and introduce Ordinance No. 1421 — An Ordinance adopting the 2022 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code; making certain
amendments based upon local conditions, and amending the Bellflower Municipal Code to reflect such changes; and 2) setting a public hearing for December 12, 2022, for second reading and adoption of the Ordinance.

DATE: November 14, 2022

EXECUTIVE SUMMARY
The 2022 California Building Standards Code ("CBSC") takes effect on January 1, 2023.

These are part of the uniform codes imposed by the California Legislature every three years via Title 24 of the California Code of Regulations. Health and Safety Code §17955 allows local governments to amend the CBSC based upon local climatic, topographical, and geological conditions, or for administrative reasons.

This Ordinance would amend portions of the proposed 2022 CBSC and adopt the 2022 Edition of the CBSC. The most significant changes with the 2022 Edition of the CBSC relate to fire protection, solar photovoltaic power systems, electric vehicle ("EV") charging stations, and the permit expiration timeframe. 1-
. TO: __ ‘ . Honorable Mayor and Members of the City Council .

ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services . Jamie Bruccoleri, Building Official ' -
SUBJECT:- Consideration and possible action to 1) read by title only, waive ' further reading and introduce Ordinance No. 1421 — An Ordinance adopting the 2022 Editions of the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California _ Existing Building Code, the California Green Building Standards Code, the California Referenced Standards Code, and the California Building Standards Administrative Code; making certain
amendments based upon local conditions, and amending the Bellflower Municipal Code to reflect such changes; and 2) setting a public hearing for December 12, 2022, for second reading and adoption of the Ordinance.

DATE: November 14, 2022
_ EXECUTIVE SUMMARY
The 2022 California Building Standards Code (“CBSC”) takes effeCt on January 1, 2023.

These are part of the uniform codes imposed by the California Legislature every three years via Title 24 of the California Code of Regulations. Health and Safety Code §17958 allows local governments to amend the CBSC based upon local climatic, topographical, and geological conditions, or for administrative reasons. ' ' The Planning Department, including the Building and Safety Division, is proposing amendments to the Bellflower Municipal Code relating to building code regulations for the purpose of complying with State requirements and to update current administrative and technical standards. The last code adoption with amendments to the Bellflower Municipal Code relating to building code regulations was December 9, 2019,.

This Ordinance would amend portions of the proposed 2022 CBSC and adopt the 2022 Edition of the CBSC. The most significant changes with the 2022 Edition of the CBSC relate to fire protection, solar photovoltaic power Systems, electric vehicle (“EV”) charging stations, and the permit expiration timeframe. - p Page 1 of3 '

Staff Report - 2022 CBSC; Ordinance No. 1421
November 14, 2022

Page 2 of 3 ends

RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1421; and 2) Set a public hearing for the December 12, 2022, City Council Meeting for second reading and possible adoption of the Ordinance; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The cost to administer implementation of fihe CBSC is recovered via Building Division permit fees.

PUBLIC NOTICE
For the adoption of uniform codes, state law requires that the second reading of the Ordinance be noticed as a public hearing. Accordingly, if the City Council follows staff's recommendation to set a public hearing for December 12, 2022, legal notice will be published on November 25, 2022, and December 2, 2022, in the Los Cerritos Community News newspaper in anticipation of the upcoming Public Hearing.

ENVIRONMENTAL ASSESSMENT
This Ordinance is exempt from review under the California Environmental Quality Act Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines') because it consists only of minor revisions and clarifications to an existing code of construction -related regulations and specification of procedures. These will not have the effect of deleting or substantially changing any regulatory standards or findings.

Accordingly, the Ordinance (by itself) does not have the potential to cause significant effects on the environment. In addition, this Ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

California Code of Regulations Title 24, also known as the CBSC, is a compilation of three types of building cri erp.a from three origins:

Building standards that have been adopted by state agencies with change from building standards contained in national model codes;
Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and
2_
Staff Report - 2022 C380; Ordinance No. 1421 1:“ '
November 14, 2022

Page 2 of 3 ends

FISCAL IMPACT
The cost to administer implementation of the CBSC is recovered via Building Division permit fees.

PUBLIC NOTICE
For the adoption of uniform codes, state law requires that the second reading of the Ordinance be noticed as a public hearing. Accordingly, if the City Council follows staff’s recommendation to set a public hearing for December 12, 2022, legal notice will be published on November 25, 2022, and December 2, 2022, in the Los Cerritos Community News newspaper in anticipation of the upcoming Public Hearing.

ENVIRONMENTAL ASSESSMENT
This Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Callfomia Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) ’ because it consists only of minor revisions and Clarifications to an existing code of construction—related regulations and specification of procedures. These will not have the effect of deleting or substantially Changing any regulatory standards or findings.

DISCUSSION
The California Building Standards Commission is authorized by the California Building ‘ Standards Law (Health and Safety Code §§ 18901 through 18949.31) to administer the processes related. to the adoption, approval, publication, and implementation of California’s building codes. ~
California Code of Regulations Title 24, also known as the CBSC, is a compilation of three types of building criteria from three origins:
- . Building standards that have been adopted by state agencies With Change from building standards contained In national model codes;
. Building standards that have been adopted and adapted from the national model Code standards to meet California conditions; and

Staff Rep®rt - 2022 CBSC; Ordinance No. 142°1
N®vember 14, 2022

Page 3 ends

DISCUSSION —Continued
Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

Since 1989, the Commission has published triennial editions of Title 24 in their entirety.

These building codes are comprised of 12 parts containing the regulations that govern and serve as the basis for the design and construction of all buildings and structures in California.

The most significant changes with the 2022 Edition of the CBSC relate to fire protection, solar photovoltaic power systems, electric vehicle ("EV") charging stations, and the permit expiration timeframe. The fire protection and prevention codes have been updated to comply with the NFPA 72 standards, which includes without limitation, photovoltaic power systems, portable fire extinguishers, gas detection systems, and roofing assembly.

Significant changes to the California Green Building Standards Code have been made to EV charging system requirements for residential and commercial projects, which also alters the requirements for the number of parking spaces. All- codes have changed the permit expiration timeframe from 180 days to 12 months from permit issuance.

The recommended action includes amending Title 15 of the Bellflower Municipal Code by adopting the 2022 Edition of the CBSC. In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).

Projects for which a building permit application and building plans were submitted before the Ordinance's effective date, and for which building permits are obtained within 90 days of the effective date, are exempt from the updated regulations in the the Ordinance.

Should, however, the building permit expire, all building plans must comply with the updated regulations.

ATTACHMENT
OrdinanceNo. 1421.........................................................................................................4 3-
Staff Report - 2022 CBSC; Ordinance No. 1421
November 14, 2022

Page 3 of 3 ends

DISCUSSION — Continued
. Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that haVe been adopted to address particular California concerns.

Since 1989, the Commission haspublished triennial editions of Title 24 in their entirety.

These building codes are comprised of 12 parts containing the regulations that govern and serve as the basis for the design and construction of all buildings and structures in California.

California law requires thatthe City Council conduct a public hearing before second reading of ordinances that adopt the CBSC by reference. Staff recommends that the.

City Council set a public hearing for the second reading of the Ordinance at its December 12, 2022 meeting.

The most significant changes with the 2022 Edition of the CBSC relate to fire protection, , solar photovoltaic power systems, electric vehicle (“E "’) charging stations, and the permit expiration timeframe. The fire protection and prevention codes have been updated to comply with the NFPA 72 standards, which includes without limitation, photovoltaic power systems, portable fire extinguishers, gas detection systems, and roofing assembly.

Significant changes to the California Green Building Standards Code have been made to EV charging system requirements for residential and commercial projects, which also ' alters the requirements for the number of parking spaces. Allcodes have changed the . permit expiration timeframe from 180 days to 12 months from permit issuance.

The recommended action includes amending Title 15 of the Bellflower Municipal Code by . adopting the 2022 Edition of the CBSC. In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). - For the proposed amendments, the City Council must find that they are reasonably necessary because of local climatic, geological or topographical conditions (Health and Safety Code § 17958.7). These findings, and the facts upon which they rely, are included 1 within the draft Ordinance.

Projects for which a building permit application and building plans were submitted before the Ordinance’s effective date, and for which building permits are obtained within 90 days of the effective date, are exempt from the updated regulations in the the Ordinance.

Should, however, the building permit expire, allbuilding plans must comply with the Updated regulations.

ATTACHMENT _ _
I
Ordinance No. 14214 -

CITY OF BELLFLOWER

ORDINANCE NO. 1438

AN URGENCY ORDINANCE AMENDING BELLFLOWER MUNICIPAL
CODE CHAPTER 15.40 AND REAFFIRMING THE CITY COUNCIL’S

DETERMINATION THAT THE CITY COMPLY WITH REGULATIONS

PROMULGATED BY THE STATE OF CALIFORNIA TO PROTECT

PUBLIC HEALTH, SAFETY AND FROM THE DEVASTATION OF

UNCONTROLLED FIRE INCIDENTS

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds, determines and declares as follows:

A. On January 7, 2025, the Governor proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties due to fire and windstorm conditions that have now caused multiple fires, including the Palisades, Eaton, Hurst, Lidia, Sunset, and Woodley Fires (the “Emergency”).

B. The fires causing the Emergency have collectively burned more than 40,000 acres, devastating communities throughout the Los Angeles Basin by destroying or damaging more than 12,000 structures. Initial estimates suggest that the resulting economic impact will exceed $200 billion making this Emergency the most destructive in California history and, potentially, the United States.

C. The destruction of homes by the fires burning in Los Angeles and Ventura Counties will reduce the available housing in the region, which is likely to further increase the cost of housing and the related crisis of homelessness if housing is not expeditiously rebuilt.

D. The City Council, the City’s officials, and the entire Bellflower community is committed to helping families and individuals who have lost their homes and businesses rebuild and recover without facing unnecessary costs and delay.

E. Historically, the City Council took extraordinary actions to protect the City’s residents from intrusive government policies and regulations. This includes, without limitation, the City Council’s decision in 2019 to reject the bureaucracy and policies instituted by the Consolidated Fire Protection District of Los Angeles County (the “Fire District”) when reviewing building plans submitted by businesses and residents seeking to construct structures within the City’s jurisdiction.

F. Instead of utilizing the Fire District’s unwieldy, imprecise, and illogical fire regulations, the City Council opted instead to adopt the California Fire Code (“CFC”) codified in Title 24 of the California Code of Regulations (“CCR”).

Page 1 of 7 ends

City of Bellflower
Ordinance No. 1438

Page 2 of 7 ends

G. The City Council has further eliminated barriers and bureaucracy by, among other measures, adopting a Self-Certification Program to eliminate unnecessary and redundant plan reviews.

H. The CFC reflects the collective experience and expertise of fire and building officials led by the Office of the State Fire Marshal (“OSFM”) in cooperation with the Department of Housing and Community Development (“HCD”).

Such regulations are developed for only one purpose: protection of the public.

I. Previously, the California Legislature empowered HCD to eliminate barriers within local jurisdictions that unduly delay the rapid construction of homes through various pieces of legislation.

J. Separately, on January 12, 2025, the Governor issued Executive Order N-4-25 (the “EO”). Among other things, the EO mandates that the OSFM and HCD:

i. “review and provide a report to [the Governor] with recommendations regarding any provision of the [California] Building Standards Code, Title 24 of the California Code of Regulations, that should be suspended for projects … in order to facilitate rapid, safe, and cost-effective rebuilding and recovery.”

ii. “coordinate with local governments to identify and recommend procedures, including but not limited to exploring the use of pre - approved plans and waivers of certain permitting requirements, to establish rapid permitting and approval processes to expedite the reconstruction or replacement of residential properties destroyed or damaged by fire. The recommended procedures shall have the ultimate goal of issuing all necessary permits and approvals within 30 days.”

K. These requirements are collectively referred to as the “Sensible Permits, Advice, Regulations and Knowledge” or “SPARK.” The City Council finds that the City’s actions since 2019 as to fire and building regulations and review procedures should be considered by OSFM and HCD as a model for SPARK. It is apparent that rejecting the Fire District’s bureaucracy and policies allows building plans to be processed expeditiously and inexpensively. Implementing such SPARK removes barriers to developing commercial and residential structures – whether routine or resulting from the Emergency – and ultimately will make construction and redevelopment of much needed housing and commercial structures more affordable.

L. Since Bellflower’s SPARK utilizes the CFC, it implements statewide regulations that are objective, widely implemented, and which may be best enforced by the experts familiar with such standard regulations. While Bellflower itself has not (yet) been directly affected by the Emergency, its practice of utilizing SPARK serves as an example for other communities within the Greater Los Angeles Area and across the State of California.

City of Bellflower
Ordinance No. 1438

Page 3 of 7 ends

M. On November 5, 2024, the voters approved Measure B which adopted the City Charter for the City of Bellflower (the “Charter”). The voters’ approval of the Charter confirms the City Council’s intent via this Ordinance to continue the City’s implementation of SPARK as to utilizing the CFC – rather than the Fire District’s policies – to help protect persons, buildings, and property from events such as the Emergency.

N. Section I of the Bellflower City Charter states that “the People assert their desire for local control over the City’s municipal affairs; their freedom to decide their own destiny; and their rejection of efforts by agencies outside of the City’s jurisdiction seeking to impose policies upon the City’s residen ts without their approval.” Adopting this Ordinance , and by extension, those previously adopted is squarely within the City Council’s legal authority and fulfills the voters’ directive.

O. Articles II, III, and IV of the Charter provide that the City may enact all laws governing its municipal affairs. Pursuant to Article III(B) of the Charter, the City Council finds that the law enacted by this Ordinance will not unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing.

P. The City Council takes notice of the plethora of authority confirming that the Charter has the force of California law (see, e.g., Cal. Const., art. XI, § 3, subd. (a); Coalition of County Unions v. Los Angeles County Bd. of Supervisors (2023) 93 Cal.App.5th 1367; and State Building & Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th 547).

Ordinances implementing the Charter’s municipal affairs section may only be preempted when there is a pressing matter of statewide concern (California Fed. Savings & Loan Assn. v. City of Los Angeles (1991) 54 Cal.3d 1).

Q. While the California Constitution and the Charter gives broad authority to the City Council to “make and enforce within [its] limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws,” special districts have only the power conferred by statute. (see, e.g., Baldwin v. County of Tehama (1994) 31 Cal.App.4th 166).

R. In considering this Ordinance, the City Council takes note of the unprecedented threats made by the Fire District to the City’s implementation of the CFC (see, Item No. 14-O from the October 14, 2024 City Council meeting agenda). Challenging the City Council’s plenary role in protecting – and representing – Bellflower residents is repugnant to democracy and contrary to the oaths taken by every public official within the state of California.

City of Bellflower
Ordinance No. 1438

Page 4 of 7 ends

S. While the Fire District’s true intent in challenging the City’s decision to implement California law – rather than the Fire District’s policies – may never be identified, the City Council finds that it is imperative to combat the Fire District’s threats. Additionally, providing an example for implementing the EO in responding to the Emergency is in the immediate public interest.

T. This Ordinance implements California law that is of statewide concern and, further constitutes a municipal affair as contemplated by the Charter. The Fire District lacks any legal authority whatsoever to compel the City Council to adopt regulations other than those set forth in the CFC, as amended by this Ordinance.

U. The regulations adopted by this Ordinance are intended to be immediately implemented to accelerate City approvals for local businesses, housing, and economic development, and to further the intent of the EO.

V. Because of the findings set forth above, the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare in accordance with Government Code §§ 36934 and 36937(b).

SECTION 2. Environmental Assessment. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Adopting this Ordinance is exempt from further environmental review because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311.

Further, the adopting the ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Individual projects utilizing the SPARK will each be separately subject to an environmental assessment. Finally, this Ordinance is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.1

1 CEQA findings regarding an anticipated imminent emergency are valid (see, CalBeach Advocates v.

City of Solana Beach (2002) 103 Cal.App.4th 529).

City of Bellflower
Ordinance No. 1438

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SECTION 3. Authorizations. The City Manager and City Attorney are authorized to take the following actions:

A. Demand public records from the Fire District as desirable.

B. Issue legislative subpoenas as authorized by separate City Council Resolution.

C. Seek opinions from the Attorney General, HCD, and the OSFM regarding the desirability of the City’s utilization of SPARK in adopting the CFC.

D. Initiate litigation as needed to reaffirm the City’s ability to implement SPARK by, among other actions, adopting the CFC by reference (as reflected in the BMC) and amended by ordinance and implementing its Self Certification Program . No additional City Council authorization is required to initiate litigation in accordance with this Ordinance.

E. Coordinate with HCD, the Governor’s Office of Emergency Services and any other State or local agency to encourage adoption of SPARK as a model for efficient and effective reduction of barriers to development of affordable housing and commercial construction.

SECTION 4. Amendment to BMC. Bellflower Municipal Code (“BMC”) Chapter 15.40 is amended to read as follows:

“Chapter 15.40 FIRE CODE

15.40.010 Fire Code – Adopted by Reference; Where Filed.

* * *

Only the Bellflower Building Official is authorized to exercise the authority in CBSC § 105.4 including, without limitation, issuing building permits.

Pursuant to Health and Safety Code § 13869.7(h)(1)(B), the Building Official, or designee, is authorized to enforce the Fire Code.

15.40.020 Amendments.

* * *

B. Section 202 is amended by revising the following definitions:

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Ordinance No. 1438

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FIRE CHIEF. The City Manager for the City of Bellflower, or designee.

Unless otherwise determined by the City Manager, the fire chief for the Consolidated Fire Protection District of Los Angeles County (“Fire District”) may enforce this Chapter as the “fire chief” and “fire official” for purposes of California Fire Code (“CFC”) § 202. Any such enforcement authority must be exercised in cooperation with the Public Safety Director and Building OfficialCity Manager or Designee(s) to ensure a uniform enforcement of applicable law within the City’s jurisdiction.

FIRE CODE OFFICIAL. “Fire Code Official” will have the same definition as “Fire Chief.”means the “Building Official.”
SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in the Charter and this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance and the Charter.

SECTION 6. Enforceability. Amending any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date.

Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 7. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other regulations by this Ordinance will be rendered void and cause such previous BMC provision or other regulations to remain in full force and effect for all purposes.

SECTION 8. Reliance on Record. Every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record.

SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 10. Recording. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

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Ordinance No. 1438

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SECTION 11. Declaration of Urgency. Based on the findings set forth in Section 1, this is an Urgency Ordinance adopted for the immediate preservation of the public peace, health, safety and welfare.

SECTION 12. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 13. Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36934 and 36937 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by fourth-fifths vote of the City Council.

ORDINANCE NO. 1438 WAS DULY PASSED, APPROVED, AND ADOPTED BY

THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JANUARY 27, 2025.

________________________________
Ray Dunton, Mayor

ATTEST:

____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

CITY OF BELLFLOWER

ORDINANCE NO. 1439

AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE
CHAPTER 15.40 AND REAFFIRMING THE CITY COUNCIL’S

DETERMINATION THAT THE CITY COMPLY WITH REGULATIONS

PROMULGATED BY THE STATE OF CALIFORNIA TO PROTECT

PUBLIC HEALTH, SAFETY AND FROM THE DEVASTATION OF

UNCONTROLLED FIRE INCIDENTS

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds, determines and declares as follows:

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City of Bellflower
Ordinance No. 1439

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G. The City Council has further eliminated barriers and bureaucracy by, among other measures, adopting a Self-Certification Program to eliminate unnecessary and redundant plan reviews.

Such regulations are developed for only one purpose: protection of the public.

I. Previously, the California Legislature empowered HCD to eliminate barriers within local jurisdictions that unduly delay the rapid construction of homes through various pieces of legislation.

J. Separately, on January 12, 2025, the Governor issued Executive Order N-4-25 (the “EO”). Among other things, the EO mandates that the OSFM and HCD:

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SECTION 3. Authorizations. The City Manager and City Attorney are authorized to take the following actions:

A. Demand public records from the Fire District as desirable.

B. Issue legislative subpoenas as authorized by separate City Council Resolution.

1 CEQA findings regarding an anticipated imminent emergency are valid (see, CalBeach Advocates v.

City of Solana Beach (2002) 103 Cal.App.4th 529).

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C. Seek opinions from the Attorney General, HCD, and the OSFM regarding the desirability of the City’s utilization of SPARK in adopting the CFC.

SECTION 4. Amendment to BMC. Bellflower Municipal Code (“BMC”) Chapter

15.40 is amended to read as follows:

“Chapter 15.40 FIRE CODE

15.40.010 Fire Code – Adopted by Reference; Where Filed.

* * *

Only the Bellflower Building Official is authorized to exercise the authority in CBSC § 105.4 including, without limitation, issuing building permits.

Pursuant to Health and Safety Code § 13869.7(h)(1)(B), the Building Official, or designee, is authorized to enforce the Fire Code.

15.40.020 Amendments.

* * *

B. Section 202 is amended by revising the following definitions:

FIRE CHIEF. The City Manager for the City of Bellflower, or designee.

FIRE CODE OFFICIAL. “Fire Code Official” will have the same definition as “Fire Chief.”means the “Building Official.”

City of Bellflower
Ordinance No. 1439

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SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in the Charter and this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance and the Charter.

Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 11. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 12. Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

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ORDINANCE NO. 1439 HAD ITS FIRST READING ON JANUARY 27, 2025, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.

Ray Dunton, Mayor
ATTEST:

__________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

__________________________
Karl H. Berger, City Attorney

Bellflower City CouncilJanuary 27, 2025

Bellflower City Council
January 27, 2025