That the City Council:
A.  APPROVE FIRST READING OF ORDINANCE NO. ____ ENTITLED:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE LA HABRA MUNICIPAL CODE CHAPTERS 15.04, 15.05, 15.06, 15.07, 15.08, 15.12, 15.16, 15.32, 15.46 AND 15.68, BY ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, EXISTING BUILDING, GREEN BUILDING STANDARDS AND ENERGY CODES; AND, THE COUNTY OF LOS ANGELES FIRE CODE AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; and

B.  APPROVE AND ADOPT RESOLUTION NO. ____ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES NECESSARY TO THE 2022 CALIFORNIA BUILDING, RESIDENTIAL, AND ELECTRICAL CODES.

Once every three years, the California Building Standards Commission ("Commission") compiles and publishes the adoption, amendment, and repeal of administrative regulations to Title 24 of the California Code of Regulations, also referred to as the "California Building Standards Code."  The Commission has enacted the 2022 editions of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Existing Building Code, the California Green Building Standards Code, and the California Energy Code (hereinafter referred to collectively as "Codes"). Effective January 1, 2023, these Codes are applicable to all jurisdictions in California and are designed to be adopted by reference by local agencies with such amendments as local agencies find and determine are reasonably necessary because of local climatic, geological or topographical conditions. The attached ordinance, if approved, would amend the La Habra Municipal Code (LHMC) to adopt these Codes by reference with certain amendments as further described below.

Local amendments to the 2022 Codes are developed in collaboration with surrounding jurisdictions to create consistent and predictable requirements in the region. The proposed amendments are the same as those that were adopted as part of the Code in 2016 and 2019 and no additional local amendments are proposed as part of this request.  These amendments pertain to permitted roofing materials, concrete and masonry foundation walls, swimming pool barriers and small electrical wire installations and are intended to mitigate local life safety concerns such as fire hazards and seismic conditions.
The attached resolution sets forth the necessary findings to enable the City to amend the new construction codes to reflect the City's local conditions.  The attached resolution incorporates the following amendments to reflect local conditions:

1. Roofing Materials: Due to serious hazard of rapid fire spread in high winds, minimum Class B roof covering is specified and the use of untreated wood roofs is prohibited for new buildings and re-roofing of existing buildings.  This provision already exists from the previous code adoption cycle.  (Building Code Section 1505 and Residential Code Section R902)
2. Concrete and Masonry Foundation Walls: Due to the high seismic area in Orange County, prescriptive design of concrete and masonry foundation walls that are laterally supported at the top and bottom is prohibited.  (Building Code Section 1807.1.6)
3. Swimming Pool Barrier: The warm, dry climate in the region is conducive to swimming pools which create a higher probably of child drowning where pools are unprotected.  This provision already exists from the previous code adoption cycle.  (Building Code Section 3109.2 and Residential Code Appendix AX)
4. Small Wire Installation: Due to frequent improper installation of certain conductor material, additional provisions are required to minimize shock or fire hazard.  These provisions already exist from the previous code adoption cycle. (Electrical Code Article 310.106(B)

In accordance with Section 50022.3 of the California Government Code, the adoption of the above Codes by reference, with local amendments, requires that the City Council schedule a time and place for a public hearing to consider whether to adopt the Codes, as amended, and adopt the resolution making the necessary findings for said amendments.  On September 19, 2022, the City Council set a public hearing on said ordinance and resolution for October 17, 2022, and directed the City Clerk to publish notice of said public hearing pursuant to Section 50022.3 of the California Government Code.

This agenda item was previously advertised to include the adoption of the 2015 Orange County Grading Code.  Following the publication of the notice in the paper, staff determined that this action was unnecessary.

City Council Resolution No. 6076 establishes the Building and Safety Division Fee Schedule to fund adoption and enforcement of building and fire code regulations.  The recommended actions being proposed below will not institute any new fees, nor will they change any existing fees.

General Plan Goals and Policies
Goal FS 1 Fire and Emergency Services. Fire protection and emergency medical services that maintain the safety of La Habra’s residents and property.

Policy FS 1.3 Enforcement of the Codes to Reduce the Risk of Fire 
Policy FS 1.4 Fire Inspection and Permit Program
Policy FS 1.7 Inspection and Abatement

Goal NH 1 Geologic and Seismic Hazards. Adverse effects to persons, property, and essential public facilities caused by geologic and seismic hazards are minimized.

Policy NH 1.1 Safety Standards
Policy NH 1.2 Geotechnical Investigations 

City Council Goals and Objectives
Goal 5 - Development Activity and Business Assistance
Objective E - Continue to evaluate and improve the City's development review process and continue to foster a "business friendly" environment within all City departments.