TITLE
Adopt resolution making findings and determinations relating to the adoption of more restrictive Code provisions, where appropriate. (Citywide)
DISCUSSION
Every three years, the State of California adopts new model codes (known collectively as the California Building Standards Code) to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. Sections 17922, 17958 and 18941.5 of the California Health and Safety Code require that the latest edition of the California Building Standards Code and Uniform Housing Code apply to local construction 180 days after publication. The 2010 Edition of the California Building Standards Code adopted by the California Building Standards Commission was published July 1, 2010. The 1997 Edition of the Uniform Housing Code was adopted by the California Department of Housing and Community Development as provided for in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 5, Section 32. Therefore, State law requires that these codes become effective at the local level on January 1, 2011.
Title 18 of the Long Beach Municipal Code (LBMC) is the City's code that regulates the construction of buildings and structures. It is based upon the 2010 Edition of the California Building Standards Code. Part 2.5 of the California Building Standards Code is the 2010 Edition of the California Residential Code, and is based on the International Residential Code. The International Residential Code is used extensively throughout the nation; however, this is the first time it will be used in California. This code regulates the construction of one- and two-family dwellings and townhouses not more than three (3) stories in height. Part 11 of the California Building Standards Code is the 2010 Edition of the California Green Building Standards Code, and will be the first mandatory code in the nation to require homes and buildings be designed and constructed utilizing sustainable construction practices in the areas of energy efficiency, water efficiency and conservation, material conservation, and environmental quality. Additionally, Low Impact Development (LID) Standards, designed to retain and reuse rainwater on site in new developments, have been incorporated in Chapter 18.74 of Title 18 of the City's Municipal Code. The LID Standards are based on regional standards from the City and County of Los Angeles, providing coordination between regional jurisdictions, and are consistent with upcoming efforts to update the City's Storm Water Permit. They are complementary to the City's Model Landscape Ordinance, Green Building Ordinance, and the California Green Building Standards Code. The LID Standards will take effect on July 1, 2011 and will be voluntary until that time. The provisions of the State mandated Code and Title 18 of the City's Code are summarized in the attached document titled "Summary of Code Regulations" (Exhibit A).
Prior to adoption, State law does permit local jurisdictions to amend the State codes in certain circumstances. Such amendments can only be enacted when an express finding is made that such amendments are reasonably necessary because of local climatic, geological and/or topographical conditions that affects the jurisdiction.
Staff from the Department of Development Services' Building and Safety Bureau, the Fire Department's Fire Prevention Bureau, and the Office of Sustainability have reviewed the State codes and are recommending a number of local amendments in order to address concerns of a local nature. The proposed amendments consist of structural, green building standards, fire and life safety, and administrative provisions. These amendments are adopted to protect the community from the hazards of future earthquakes, to prevent fire related hazards and to require sustainable construction practices that support the Sustainable City Action Plan.
The proposed amendments are detailed in the attached Ordinance and Resolution. A summary of the proposed changes is detailed in the attached document titled "Final Statement of Reasons for Proposed 2011 Code Amendments to Title 18 of the Long Beach Municipal Code" (Exhibit B). The proposed amendments have been circulated to industry, local individuals and groups. Public notice to increase awareness of the State mandated Code includes posting information on the Department's website, making flyers available at the public counter, announcing the changes in the Department's newsletter, providing multiple press releases, posting information on the City's social networking sites, spreading the news via several E-Notify and email distribution lists, and posting to local newspapers. A community workshop was held on October 27 to highlight the provisions of the State mandated Code for the public. Additional workshops are scheduled for November 11 and December 9. An initial draft of the proposed amendments was presented at the October 18, 2010 meeting of the Board of Examiners, Appeals and Condemnation. If adopted by the City Council, copies of the Ordinance and Resolution will be submitted to the California Building Standards Commission as required by State law.
This letter was reviewed by Assistant City Attorney Michael J. Mais on October 18, 2010 and by Budget Management Officer Victoria Bell on XXXXXX.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendments to the California Building Standards Code and Uniform Housing Code are exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3). The purpose of the State mandated Code update is to provide minimum standards to safeguard health, safety and public welfare for all types of construction. Buildings and projects that are subject to CEQA are reviewed prior to the issuance of a building permit.
SUSTAINABILITY
State law requires the adoption of the 2010 Edition of the California Green Building Standards Code, which will require homes and buildings to be designed and constructed utilizing sustainable construction practices. These new State mandated regulations, coupled with the City's existing Model Landscaping ordinance, Construction Demolition Debris Recycling ordinance, and Green Building Ordinance, will help to preserve and protect the community to realize a healthier, cleaner and more viable environment for the City.
The LID Standards promote the goal of environmental sustainability by helping improve the quality of receiving waters, protecting the Los Angeles and San Gabriel River watersheds, maintaining natural drainage paths, and protecting potable water supplies within the City.
The California Green Building Standards Code, the LID Standards, and local green amendments support the Sustainable City Action Plan, adopted in February 2010, and specifically include provisions for green building and sustainable development, urban nature, waste reduction, and water and energy conservation to create a more sustainable Long Beach.
TIMING CONSIDERATIONS
State law requires that the effective date of the Ordinance be January 1, 2011. City Council action is requested on November 16, 2010, in order to comply with this State mandated deadline.
FISCAL IMPACT
There will be no fiscal or job impact as a result of the recommended action.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH ADOPTING AND MAKING EXPRESS FINDINGS AND DETERMINATIONS RELATING TO THE ENACTMENT OF ADMINISTRATIVE AMENDMENTS, AND, WHERE APPROPRIATE, MORE RESTRICTIVE BUILDING STANDARDS CODE PROVISIONS THAN THOSE OF THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA FIRE CODE AND UNIFORM HOUSING CODE; FINDING THAT SAID AMENDMENTS AND MODIFICATIONS TO THE CODES ARE REASONABLY NECESSARY BECAUSE OF THE LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS EXISTING IN LONG BEACH; AND INSTRUCTING THE DIRECTOR OF DEVELOPMENT SERVICES AND THE FIRE CHIEF TO TRANSMIT SAID FINDINGS AND DETERMINATIONS TO THE CALIFORNIA BUILDING STANDARDS COMMISSIONS IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17922,17958 AND 18941.5
Respectfully Submitted,
AMY J. BODEK
DIRECTOR OF DEVELOPMENT SERVICES
ALAN PATALANO
FIRE CHIEF
APPROVED:
PATRICK H. WEST
CITY MANAGER