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HomeMy WebLinkAbout768ORDINANCE NO. 768 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NO. 747 IN ITS ENTIRETY, AMENDING TITLE 15.12 OF THE IRWINDALE MUNICIPAL CODE, ADOPTING BY REFERENCE THE LOS ANGELES COUNTY FIRE CODE (2023 EDITION), AND ADOPTING COUNTY AND CITY AMENDMENTS THERETO, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ. WHEREAS, Government Code section 50022.2 et seq. authorizes the adoption by reference of California codes and codes that adopt the California codes, including the codes of the County of Los Angeles, which adopts the California Fire Code, as amended. WHEREAS, Section 17958.5 of the Health and Safety Code expressly authorizes cities to make changes in the California Fire Code, as reasonably necessary due to local conditions. WHEREAS, the Los Angeles County Fire Code incorporates appropriate findings related to local climatic, geological or topographical conditions of Los Angeles County, as specified under the provisions of the California Health & Safety Code. WHEREAS, on March 22, 2023, the City Council of the City of Irwindale considered Ordinance 768 and accepted staffs recommendation to adopt by reference of the County of Los Angeles Fire Code with County's amendments, which adopts the California Fire Code, as amended. WHEREAS, on April 12, 2023, the City Council of the City of Irwindale, pursuant to a notice duly issued under Government Code section 50022.3, conducted a public hearing to consider this ordinance adopting the County of Los Angeles Fire Code with County's amendments. WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the City, as the Lead Agency, has analyzed the project and has determined that the actions contemplated by this ordinance are exempt from CEQA, under CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: Ordinance No. 768 Page 1 FIRE CODE SECTION 1: The City Council of the City of Irwindale finds the above recitals are true and correct and are incorporated herein by this reference. SECTION 2; Ordinance No. 747 is hereby repealed in its entirety. Chapter 15.12 of the Irwindale Municipal Code is hereby amended to read in its entirety as follows: "Section 15.12.10. Adoption of code. There is hereby adopted, as the city fire code, except as provided in this chapter, that certain fire code known and designated as the Los Angeles County Fire Code, 2023 Edition (Title 32 of the Los Angeles County Code), Los Angeles County Ordinance No. 2023-0008, as adopted by County of Los Angeles, which incorporates and amends the 2022 California Fire Code, including all appendixes thereto and changes made by the County of Los Angeles, and such code shall be and become the fire code of the city which prescribes the minimum Fire Code requirements for fire and life -safety issues." SECTION 3: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2023-0008, has made all appropriate findings related to local climatic, geological or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2023-0008. SECTION 4: The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 2023-0008 has made all appropriate findings related to administrative matters. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 2023-0008. SECTION 5: All violations of the provisions of the Los Angeles County Fire Code, (2023 Edition), adopted by the City shall be a misdemeanor and subject to the penalty provisions contained in Chapter 1.12 of the Irwindale Municipal Code. SECTION S: Full Force and Effect. Except as expressly amended herein, all other subsections of Chapter 15 of the Irwindale Municipal Code shall be unchanged and in full force and effect. SECTION 7: Effective Date, The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of general circulation in the City of Irwindale, and this Ordinance shall take effect 30 days after its passage. SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Irwindale hereby Ordinance No. 768 Page 2 declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED on the 12th day of April 2023. H. Manuel Ortiz, Mayor ATTEST. ),� ura M. Nieto, MMC hief eputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 768 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on March 22, 2023, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on April 12, 2023, and was carried by the following -roll call vote: AYES: Councilmembers: Ambriz, Breceda, Burrola, Garcia, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None �4 kvA La a M. Nieto, MMC C of Deputy City Clerk Ordinance No. 768 Page 3 AFFIDAVIT OF POSTING 1, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 768, adopted by the City Council of the City of Irwindale its regular meeting held April 12, 2023 to be posted at the City Hall, Library, and Post Office on April 18, 2023. Wa Dated: r Laur M. Nieto, MMC Chiof Deputy City Clerk Ordinance No. 768 Page 4