CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
Item No. Item No.
Item No.
Item No.
TO: Honorable City Council
FROM: City Manager
SUBJECT: Adoption of an Ordinance Amending the City of Commerce Municipal Code by Modifying Title 15 Thereof Adopting by Reference the 2023 Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), Green Building Standards Code (Title 31), Existing Building Code (Title 33), and by modifying Title 16 thereof adopting by reference the 2023 Los Angeles County Fire Code (Title 32) with Certain Amendments, Additions and Deletions Thereto Meeting Date: November 22, 2022
RECOMMENDATION: Staff recommends that the City Council; Introduce for first reading by title only and waive further reading of an ordinance (Attachment “A”), entitled: AN ORDINANCE OF THE COMMERCE CITY COUNCIL AMENDING THE COMMERCE MUNICIPAL CODE BY AMENDING TITLE 15 THEREOF ADOPTING BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), GREEN BUILDING STANDARDS CODE (TITLE 31), EXISTING BUILDING CODE (TITLE 33), AND BY MODIFYING TITLE 16 THEREOF ADOPTING BY REFERENCE THE 2023 LOS ANGELES COUNTY FIRE CODE (TITLE 32) WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO And direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same.
ANALYSIS:
Since its incorporation, the City of Commerce has adopted the Los Angeles County Building Codes by reference. These Codes contain essential amendments and additions to the State Building Codes and are comprehensively updated every few years. Included in these amendments are the important chapters for grading, seismic requirements and substandard properties. The State of California adopts and publishes State Building Codes and mandates they become effective throughout the State 180 days after publication.
On July 1, 2022, the California Building Standards Commission published Title 24 the “California Building Standards Code.” Which started the 180 clock, thus, the Codes discussed herein will become effective January 1, 2023.
On October 18, 2022, the County of Los Angeles Board of Supervisors introduced an Ordinance adopting by reference the 2023 California Building and Fire Codes with local amendments. After holding a public hearing, the Board of Supervisors scheduled a second reading of the Ordinance on November 15, 2022.
State law requires local governments to enforce California’s Title 24 (the State’s Building Codes which originate from the International Code Council and the International Association of Plumbing and Mechanical Officials). In this case, jurisdictions, in Los Angeles County, such as Commerce wait for the County of Los Angeles to first adopt the Building Codes and all of the associated local amendments, prior to similarly adopting these regulations within the City of Commerce. Attachment “B” includes the County amendments to California’s Codes.
While jurisdictions can establish their own administration of the codes, jurisdictions are only allowed to amend the technical requirements of the State Codes based on local climatic, topographical, or geological conditions, and only if the requirement is more restrictive than the current State Code. Findings must be made for each amendment to the State Codes, and a copy of these findings must be filed with the Building Standards Commission. No local amendment is enforceable unless filed with the California Building Standards Commission. Attachment “B” to this report contains the County amendment findings that are also applicable to the City.
The consequences of the delayed implementation of the Los Angeles County Codes may result in a gap in the implementation of the more stringent Building Code of regulations. This action will have potentially serious impacts on the health safety and welfare of the City of Commerce due to the City’s unique climatic, geological and topographical characteristics as compared to the state of California generally. Given these differences, the lack of more stringent standards has potentially serious impacts on buildings constructed, renovated, repaired, and/or inspected during this time.
This regular ordinance is being adopted, as a good practice measure, with staff requesting a second hearing to occur prior to December 1, 2022. Adopting the ordinance by reference of the Los Angeles County construction codes, will allow the necessary amendments to preserve the public peace, health, safety and welfare of the City of Commerce prior and in compliance with the effective date of January 1, 2023. State law requires a 30-day waiting period after the second reading and adoption of an ordinance prior to an ordinance becoming effective. In the event that Staff is unable to get a second reading prior to the December 1, 2022, then staff will return with an urgency ordinance in order to avoid having to implement the more stringent Code of regulations due to the City of Commerce’s unique climatic, geological and topographical characteristics.
Environmental Determination:
This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment). Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. In this case, the project is a request to adopt the latest and updated versions of the all relevant construction Codes, as mandated every few years.
ALTERNATIVES:
Adopt California Codes with City amendments equal to or more restrictive than Los Angeles County amendments. This option will require the City to codify a significant amount of code amendments; or Adopt California Codes without Los Angeles County Amendments, this option will leave City of Commerce Construction Codes less restrictive than the current practice in terms of life and safety during an earthquake or similar disaster.
FISCAL IMPACT:
Approval of this item will not have an impact on the Fiscal Year 2022-2023 City budget.
RELATIONSHIP TO STRATEGIC GOALS:
The proposed Ordinance furthers the City’s Strategic Goals of Good Governance by updating the Municipal Code to reflect current building code standards and best practices.
ATTACHMENTS:
Ordinance
Findings and Los Angeles County Ordinance adopting and amending the 2022 California Codes and creating the 2023 Los Angeles County Codes Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following links:
Building Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173612.pdf Residential Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173615.pdf Electrical Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173568.pdf Plumbing Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173643.pdf Mechanical Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173614.pdf CALGREEN Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173616.pdf Existing Building Code and findings http://file.lacounty.gov/SDSInter/bos/supdocs/173617.pdf California Codes can be viewed at https://www.dgs.ca.gov/BSC/Codes Recommended/Prepared by Ayla Jefferson, CBO, CSP, Building Official Reviewed By: Jose Jimenez, Director of Economic Development and Planning Approved as to Form: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager