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    14.    
City Council Regular Joint
Meeting Date: 10/22/2019  

SUBJECT:
ADOPTION OF AN ORDINANCE TO ADOPT THE 2019 CALIFORNIA CONSTRUCTION CODES
RECOMMENDATION:
  1. Introduce an ordinance entitled:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, REPEALING CHAPTER 15.04 OF TITLE 15 OF THE CITY OF CHINO HILLS MUNICIPAL CODE AND ESTABLISHING A NEW CHAPTER 15.04 OF TITLE 15 ADOPTING BY REFERENCE AND AMENDING THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2, THE 2019 CALIFORNIA RESIDENTIAL CODE, THE 2019 CALIFORNIA ELECTRICAL CODE, THE 2019 CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019 CALIFORNIA ENERGY CODE AND THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE WITH APPENDICES AND AMENDMENTS THERETO
     
  2. Set a public hearing to consider adoption of the ordinance for November 12, 2019.
BACKGROUND/ANALYSIS:
The California Health and Safety Code requires cities and counties to adopt building standards that are consistent with those contained in the California Building Standards Code. If local jurisdictions do not adopt such building standards, the provisions as published in the California Building Standards Code (CCR Title 24) will become effective at the local level after 180 days from its publication, or at a later date established by the California Building Standards Commission. 
 
HIGHLIGHTS OF SIGNIFICANT 2019 MODEL CODE & STATE CODE CHANGES
 
Hundreds of changes have occurred to the 2019 California Building Standards Code. Fortunately, most are minor in nature and strive to clarify provisions that were ambiguous.
 
Additionally, many changes apply to larger more complex types of buildings such as high-rises, malls, and facilities using hazardous materials which are not prevalent in our community. Following are some highlights of significant changes:
 
California Energy Code: Energy efficiency standards for construction projects were first implemented in California in 1978. Energy regulations have consistently been increased and tightened with each new code. The 2019 California Energy Code continues this trend. The most significant change is the new requirement that all new residential homes will be required to have a Photovoltaic System (solar panels) installed on their roof.
 
 
California Residential Code: New to the California Residential Code is the requirement that all multi-family projects provide EV charging stations for 10% of provided parking spaces.
 
JUSTIFYING THE AMENDMENTS
 
At the time of adopting the State Building Standards into local ordinances, the City may amend, add or repeal those regulations upon express findings that each of such modifications is "reasonably necessary because of local climatic, geological or topographical conditions." The modifications, however, cannot make the State-mandated standards less stringent. The modifications along with the justifications must be filed with the California Building Standards Commission in order to become legally binding.
 
The following amendments to the 2019 California Codes are recommended by the City’s Building Services Division:
 
REVISION TO THE CALIFORNIA BUILDING CODE (CBC) SECTION 1505.1 AND THE CALIFORNIA RESIDENTIAL CODE (CRC) SECTION R902.1
 
The purpose of these two amendments is to require minimum Class “A” fire resistive roofing materials on all structures built within the City of Chino Hills. This has been a requirement within the City since incorporation and has helped to prevent fire configurations that can occur in areas with wood shake/shingle roofs.
 
REVISION TO THE CALIFORNIA BUILDING CODE (CBC) SECTION 107.3.4
 
This amendment is being proposed to clarify the procedures and requirements for the transfer of responsibilities when the Engineer of Record on a construction project changes.
 
REVISION TO THE CALIFORNIA RESIDENTIAL CODE (CRC) SECTION AV 100.2 (5) CONCERNING POOL BARRIER REQUIREMENTS
 
The proposed amendment adds the word “garage” to the wall of a dwelling unit to ensure that garage man-doors have the same pool barrier safety requirements as dwelling unit doors.
 
REVISION TO THE CALIFORNIA BUILDING CODE (CBC) AND THE CALIFORNIA RESIDENTIAL CODE (CRC) CONCERNING SECTION 105.2 & R105.2 CONCERNING WORK THAT IS EXEMPT FROM A PERMIT
 
The proposed amendment adds to and clarifies work that is exempt from Building, Plumbing, Electric and/or Mechanical permit requirements.
 
REVISION TO THE CALIFORNIA BUILDING CODE (CBC) SECTION [A]111.1 TO CLARIFY WHEN A CERTIFICATE OF OCCUPANCY IS REQUIRED
 
The proposed amendment adds to and clarifies when a Certificate of Occupancy is required for non-residential uses.
 
REVISION TO THE CALIFORNIA BUILDING CODE (CBC) AND THE CALIFORNIA RESIDENTIAL CODE (CRC) CONCERNING VACANT LAND

Finally, City staff added a provision to clarify that no permits shall be issued on any vacant parcel or lot until such time as a principal use as defined in Municipal Code Section 16.02.280 has been entitled, or a temporary or special use permit is granted pursuant to the Municipal Code. For the purposes of this section “entitled” means granted an approved Design Review, Site Plan or other development permit pursuant to Title 16 of the Municipal Code.
 
PROCEDURE FOR BUILDING CODES ADOPTION

According to the Health and Safety Code, local amendments to the State building standards, except for administrative provisions, must be justified with local climatic, geological or topographical conditions, and the findings and justifications must be filed with the Building Standards Commission before the amendments can become effective.
 
Section 50022.2 of the Government Code gives local agencies the authority to adopt another legislative body’s laws and regulations by referencing the laws and regulations in an ordinance. The section further provides that the ordinance needs to be placed on a City Council Agenda to be introduced for first reading by title only, and for the City Council to schedule a public hearing. The public hearing is held prior to the City Council adopting the ordinance on second reading and public hearing. The first reading of the proposed ordinance is October 22, 2019. The second reading is scheduled to take place at the City Council meeting on November 12, 2019.

Notice of the public hearing, pursuant to Section 6066 of the Government Code, must be published once a week for two successive weeks. The first publication of the notice must be at least 15 days prior to the public hearing date.
ENVIRONMENTAL (CEQA) REVIEW:
The California Building Codes are promulgated to protect the health, safety, and general welfare of the public and occupants. Adoption of the new 2019 California Building Codes will bring the City into compliance with state regulations and ensure that future building activities in the City are conducted in compliance with the regulations. 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 related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required. This ordinance, therefore, is an action being taken for enhanced protection of the environment and does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor alteration of existing public or private structures involving no expansion of use; 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.
FISCAL IMPACT:
There is no fiscal impact with this item.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
Attachments
Ordinance

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