1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: January 17, 2023
SUBJECT: Second Reading of Proposed Ordinance Adopting by Reference the 2022 Los Angeles County Building Codes
RECOMMENDATION
Conduct public hearing and after City Attorney reads the title, adopt Ordinance No. 843.
BACKGROUND
On December 20, 2022, the City Council introduced on first reading an ordinance adopting by reference the 2022 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes. This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS:
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 843
Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
___________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________________
Brianna Rindge
Community & Economic Development Director
ORDINANCE NO. 843
AN ORDINANCE OF THE CITY OF LOMITA, CALIFORNIA, CODE AMENDMENT NO. 2022-03 ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE AMENDING LOMITA MUNICIPAL CODE SECTIONS 10-1 (BUILDING CODE), 10-2 (ELECTRICAL CODE), 10-3 (PLUMBING CODE), 10-4 (MECHANICAL CODE), 10-7 (RESIDENTIAL CODE), 10-8 (GREEN BUILDING STANDARDS), AND 10-9 (EXISTING BUILDING CODE) INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 26 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA PLUMBING CODE, 2022 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS ANGELES
COUNTY CODE INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND TITLE 33 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; WITH CERTAIN CHANGES AND MODIFICATIONS, AND MAKING OTHER
REVISIONS THERETO
The City Council of the City of Lomita does hereby ordain as follows:
Section 1. Section 10-1.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
10-1.01. County building code adopted.
Except as hereinafter provided, Title 26 Building Code of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Building Code, 2022 Edition (Part 2 of Title 24 of the California Code of Regulations) is incorporated herein by reference as if fully set forth below and shall be known and may be cited as the Building Code of the City of Lomita.
In the event of any conflict between provisions of the California Building Code, 2022 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Lomita and shall be at all times maintained by the City Clerk for use and examination by the public.
Section 2. Section 10-2.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
Attachment No. 1
Ordinance No. 843
Sec. 10-2.01. County electrical code adopted.
Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations), is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Lomita.
In the event of any conflict between provisions of the California Electrical Code, 2022 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Section 3. Section 10-3.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
Sec. 10-3.01. County plumbing code adopted.
Except as hereinafter provided, Title 28, Plumbing Code of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), is hereby adopted by reference and shall constitute and may be cited as the Plumbing Code of the City of Lomita.
In the event of any conflict between provisions of the California Plumbing Code, 2022 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Section 4. Section 10-4.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
10-4.01. County mechanical code adopted.
Except as hereinafter provided, Title 29, Mechanical Code of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), is hereby adopted by reference and shall constitute and may be cited as the Mechanical Code of the City of Lomita.
In the event of any conflict between provisions of the California Mechanical Code, 2022 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Ordinance No. 843
Mechanical Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Section 5. Section 10-7.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
10-7.01. County residential code adopted.
Except as hereinafter provided, Title 30, Residential Code of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), is hereby adopted by reference and shall constitute and may be cited as the Residential Code of the City of Lomita.
In the event of any conflict between provisions of the California Residential Code, 2022 Edition, Title 30 of the Los Angeles County Code, or any amendment to the Residential Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 30 of the Los Angeles County Code and the California Residential Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Section 6. Section 10-8.01 of Title 10 of the City of Lomita Municipal Code is amended to read as follows:
10-8.01. County green building standards adopted.
Except as hereinafter provided, Title 31, Green Building Standards Code of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Green Building Standards Code, 2022 Edition, is hereby adopted by reference and shall constitute and may be cited as the Green Building Standards Code of the City of Lomita.
In the event of any conflict between provisions of the California Green Building Code, 2022 Edition, Title 31 of the Los Angeles County Code, or any amendment to the Green Building Standards Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 31 of the Los Angeles County Code and the California Green Building Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Ordinance No. 843
Section 7. Section 10-9.01 of Title 10 of the Lomita Municipal Code to read as follows:
10-9.01. County existing building code adopted.
Except as hereinafter provided, Title 33, Existing Building Code of the Los Angeles County Code, as amended and in effect on January 01, 2023, adopting the California Existing Building Code, 2022 Edition, is hereby adopted by reference and shall constitute and may be cited as the Existing Building Code of the City of Lomita.
In the event of any conflict between provisions of the Existing Building Code, 2022 Edition, Title 33 of the Los Angeles County Code, or any amendment to the Existing Building Code contained in the Lomita Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 33 of the Los Angeles County Code and the Existing Building Code, 2022 Edition, have been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.
Section 8. The City Council hereby finds that the changes and modifications to the California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; and location in Southern California.
The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic and geological conditions indicated above.
The City Council hereby further finds that the modifications to the State Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes in Titles 26, 27, 28, 29, 30, 31, and 33 of the Los Angeles County Code and Lomita Municipal Code Sections 10-1, 10-2, 10-3, 10-4, 10-7, 10-8, and 10-9 are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic and geological conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards.
Accordingly, the City Council finds the modifications in this Ordinance to the California Building, Electrical, Plumbing, Mechanical, Residential, Green Building Standards, and Existing Building Codes to be necessary for the protection of the public health, safety, and welfare.
Ordinance No. 843
Section 9. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Lomita Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments.
Section 10. Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed ordinance does not have such potential.
Section 11. The provisions of the Building Code in effect prior to the effective date of this Ordinance shall continue to govern construction for projects for which plans were submitted for plan check prior to the effective date of this Ordinance, and for which the initial permit is issued not later than ninety (90) days after said effective date.
Section 12. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita 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, clauses or phrases be declared invalid.
Section 13. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance. The City Clerk shall file a certified copy of this ordinance with the California Building Standards Commission.
Section 14. The City Clerk shall certify the adoption of this ordinance. The City Clerk shall file a certified copy of this ordinance with the California Building Standards Commission.
PASSED, APPROVED AND ADOPTED this 17th day of January , 2023. ____________________________
Barry Waite
Mayor
APPROVED AS TO FORM: ATTEST:
Trevor Rusin, City Attorney Kathleen Horn Gregory, City Clerk