Ordinance 23-09ORDINANCE NO. 23-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE AMENDING
CHAPTER 110.17 (REFERENCED STANDARDS CODE) OF THE EASTVALE
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA
REFERENCED STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE
24, PART 12)
WHEREAS, Sections 17922, 17958, and 18941.5 of the California Health and Safety Code
provide that the governing body of every city or county shall adopt ordinances or regulations
imposing the same requirements as those contained in the most recently adopted version of
the California Building Standards Code; and,
WHEREAS, the City Council of the City of Eastvale is not required to make an express
finding for amendments necessary to carry out the application of the Building Standards code
and/or that do not otherwise modify a Building Standard.
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 110.17 (Referenced Standards Code) of the Eastvale Municipal Code
is hereby amended in its entirety to read as follows:
"CHAPTER 110.17
REFERENCED STANDARDS CODE
SECTION 110.17.010 Adoption by Reference of California Referenced Standards Code. Those
certain documents, one copy each, are on file in the Building and Safety Division and the Office
of the City Clerk entitled " Referenced Standard Code", published by the California Building
Standards Commission, (California Code of Regulations, Title 24, Part 12) and everything
contained therein is hereby adopted by reference, in accordance with Section 50022.2 of the
Government Code, as a part of this Chapter."
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly. Buildings and
development projects that are subject to CEQA are reviewed individually prior to issuance of
building permit. Moreover, State law provides that the 2022 Building Codes will take effect in
the City even if the City does not adopt this ordinance, as is required by law. The City Council
hereby directs City staff to file a Notice of Exemption with the Clerk of Riverside County within
five (5) days of the adoption of this Ordinance.
SECTION 3. That when this Ordinance takes effect, it shall not change any of the
provisions of the previous codes and Ordinances or affect any offense, acts done or required to
be done, penalties, forfeitures or punishments incurred, rights or liabilities accrued or claims
arising out of the provisions of the previous Ordinances and amendments. Any pending actions
shall not be affected by the enactment of this Ordinance. Any previous discontinuance,
abatement, or liabilities of any person shall not be affected by the enactment of this Ordinance.
SECTION 4: If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council 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, phrases, or portions be declared invalid or unconstitutional.
SECTION 5: Wherever there is reference to the California Referenced Standard Code, it
shall mean the California Referenced Standard Building Code, 2022 Edition, promulgated by the
California Building Standards Commission.
SECTION 6.The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
PASSED, APPROVED AND ORDAINED this 11 day of January 2023.
APPROVED AS TO FORM:
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Erica Vega
City Attorney
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Todd Rigby
Mayor
ATTEST:
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Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 23-09, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 14 of December, 2022, and was passed by the
City Council of the City of Eastvale at a regular meeting held on the 11 of January, 2023, by the
following vote:
AYES: Councilmembers Lorimore, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT: Councilmember McMinn
ABSTAIN:
VP
Marc A. Donohue, MMC
City Clerk/Communications Director