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    15.    
City Council Regular
Meeting Date: 02/11/2020  

SUBJECT:
CODE ADOPTION: FIRST READING (INTRODUCTORY READING)  ORDINANCE ADOPTING BY REFERENCE AND AMENDING THE 2019 EDITION OF THE CALIFORNIA FIRE CODE WITH ERRATA, AND THE 2018 INTERNATIONAL FIRE CODE REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS, HAZARDOUS MATERIALS AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING AND REPLACING CHAPTER 8.16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE IN ENTIRETY
RECOMMENDATION:
1. Introduce an ordinance entitled: AN ORDINANCE OF THE CITY OF CHINO HILLS ADOPTING BY REFERENCE AND AMENDING THE 2019 EDITION OF THE CALIFORNIA FIRE CODE WITH ERRATA, AND THE 2018 INTERNATIONAL FIRE CODE REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS, HAZARDOUS MATERIALS AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING AND REPLACING CHAPTER 8.16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE IN ENTIRETY

2. Schedule a public hearing on the above ordinance on February 25, 2020.
BACKGROUND/ANALYSIS:
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. 
 
At the time of adopting the State Building Standards into local ordinances, or anytime thereafter, the City and or Fire District 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."[i] 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 .
 
On October 9, 2019 the  Board of Directors of the Chino Valley Independent Fire District approved Ordinance NO. 2019-01 and adopted the 2019 California Fire Code with local amendments and the 2018 International Fire Code. The District has requested that the City, as a part of it’s Code adoption process adopt the 2019 California Fire Code and the 2018 International Fire Code with the amendments approved and adopted by the District. A summary of the changes to the 2019 California Fire Code is attached to this report.
 
Procedure for Fire Code Adoption
 
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.
 
Notice of the 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 hearing date.

[i] Chino Valley Independent Fire District adoption ordinance
ENVIRONMENTAL (CEQA) REVIEW:
Adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the ordinance does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).
FISCAL IMPACT:
There is no fiscal impact.
REVIEWED BY OTHERS:
This item was reviewed by the City Attorney and the Chino Valley Independent Fire District.
Attachments
Ordinance
Summary of Changes

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