Loading...
HomeMy WebLinkAbout103-Attachment 3-1.pdf 1 Ordinance No. __________ An Ordinance Adopting the 2010 California Building Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes with Modifications for Local Conditions. THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The State of California has adopted the 2010 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building Standards Commission, based upon the 2009 International Building Code as published by the International Code Council); the 2010 California Residential Building Code (California Code of Regulations, Title 24, Part 2.5, California Building Standards Commission as published by the International Code Council); the 2010 California Electrical Code (California Code of Regulations, Title 24, Part 3, based on the 2008 National Electrical Code as published by the International Code Council); the 2010 California Mechanical Code (California Code of Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as published by the International Code Council); the 2010 California Plumbing Code (California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform Plumbing Code as published by the International Code Council); the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9, based on the 2009 International Fire Code as published by the International Code Council); and the 2010 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11, California Building Standards Commission as published by the International Code Council). These Codes shall hereinafter be referred to collectively as the “Building Codes.” B. On December 1, 2010, pursuant to California Government Code Section 50022.3, the City Council of Saratoga conducted a first reading of the title of the ordinance adopting the Building Codes, and of the ordinance to be adopted thereby, and scheduled a public hearing on the adoption of the Building Codes to be held December 15, 2010. C. On November 30, 2010, pursuant to California Government Code Section 50022.6, at least one copy of the primary codes certified as true copies by the legislative clerk were filed with the legislative clerk for public inspection. 2 D. On December 1, 2010, pursuant to California Government Code Sections 50022.3 and 6066, a notice was published in a newspaper of general circulation stating the time and place of the December 15, 2010 public hearing and including a description the legislative body deemed sufficient to give notice of the purpose and subject matter of said ordinance. The notice informed the public that copies of the primary codes considered for adoption were on file with the clerk of the legislative body and open for public inspection. E. On December 8, 2010, pursuant to California Government Code Sections 50022.3 and 6066, a second notice identical to the first was filed in a newspaper of general circulation. F. On December 15, 2010, pursuant to California Government Code Section 50022.4, a public hearing was held. Following public testimony and consideration, the City Council of Saratoga found adoption of the Building Codes was in the public interest. Except as to the additions, deletions and amendments hereinafter noted, the Building Codes are hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Regulations of the City. G. Additions, deletions, and amendments identical to those adopted in the City of Saratoga’s 2007 Building Regulations were and are deemed reasonably necessary because of local climatic, geological, or topographical conditions pursuant to Government Code Section 17958.5. Express findings that these modifications to the Building Code were reasonably necessary were filed upon the adoption of the City of Saratoga’s 2007 Building Regulations with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7 and are available as a public record. H. The new additions, deletions, and amendments hereinafter noted are deemed reasonably necessary because of local climatic, geological, or topographical conditions pursuant to Government Code Section 17958.5. Express findings that these modifications to the Building Code are reasonably necessary will be filed with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7 before this ordinance takes effect. I. While the ordinance codified in this Article is in force, a true copy of the Building Codes shall be kept for public inspection in the office of the Building Official and a reasonable supply of the Building Code shall be available for public purchase in the office of the City Clerk in accordance with Government Code Section 50022.6. J. Unlike the 2007 version of the California Building Standards Code (California Code of Regulations, Title 24), the 2010 California Building Standards Code provides for damaged structures to be repaired or reconstructed to a structurally 3 safe level, accounting for upgrades in wind and seismic standards. Therefore the City Council of Saratoga does not deem it necessary to retain the provisions of Article 16-16 of the Saratoga City Code (“Repair and Reconstruction Code”) adopted in the City of Saratoga’s 2007 Building Regulations. K. The City of Saratoga’s dense population is located in an area of high seismic activity and steep slopes susceptible to erosion. Areas of critically expansive soil and other unstable soil conditions create a need for soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. The provisions of the Building Codes pertaining to excavation and grading, including the provisions in Appendix J of the 2010 California Building Code, provide only general direction and are insufficient to ensure public safety given these unique climatic, geological and topographical features. Therefore the City Council of Saratoga deems it reasonably necessary to retain the provisions of appendix Chapter 33 only of the 2001 California Building Code (1997 Uniform Building Code Vols. I, II, and III as compiled and published by the International Conference of Building Officials and amended by the State of California) with additions, deletions, and amendments identical to those adopted in the City of Saratoga’s 2007 Building Regulations. These provisions are hereinafter referred to as the “Excavation and Grading Code.” Section 2. Adoption. Article 16-15 of the Saratoga City Code concerning the Building Code is hereby deleted in its entirety and replaced with Article 16-15 attached in Appendix A. Article 16-16 of the Saratoga City Code concerning the Repair and Reconstruction Code is hereby deleted in its entirety. Article 16-17 of the Saratoga City Code concerning the Excavation and Grading Code is hereby deleted in its entirety and replaced with Article 16-17 attached in Appendix A. Article 16-18 of the Saratoga City Code concerning the Residential Building Code is hereby adopted as attached in Appendix A. Article 16-20 of the Saratoga City Code concerning the Fire Code is hereby deleted in its entirety and replaced with Article 16-20 attached in Appendix A. Article 16-25 of the Saratoga City Code concerning the Plumbing Code is hereby deleted in its entirety and replaced with Article 16-25 attached in Appendix A. 4 Article 16-30 of the Saratoga City Code concerning the Mechanical Code is hereby deleted in its entirety and replaced with Article 16-30 attached in Appendix A. Article 16-35 of the Saratoga City Code concerning the Electrical Code is hereby deleted in its entirety and replaced with Article 16-35 attached in Appendix A. Article 16-49 of the Saratoga City Code concerning the Green Building Standards Code is hereby adopted as shown in Article 16-49 attached in Appendix A. Section 16-72.020 of Article 16-72 concerning construction and demolition debris is amended as shown below (text to be added is shown in bold double underline (example) and text to be deleted is shown in strikeout (example)). 16-72.020 - Review of proposed plan. (a) The Building Official shall review a proposed construction and demolition debris recycling plan to determine whether the plan meets the following criteria: (1) The plan identifies all recyclable construction or demolition debris anticipated to be produced by the project. (2) The plan explains how the applicant will recycle and/or salvage for reuse a minimum of 50 percent of the nonhazardous reasonably maximize the diversion of construction and demolition debris from disposal in a landfill. (3) The plan identifies end uses of the construction and demolition debris that are consistent with the diversion goals of the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code § 40000 et seq.). (4) The plan specifies that all waste management activities on the site, including construction and demolition debris recycling, collection, and disposal, will be carried out in accordance with the Saratoga Code. (b) The Building Official may recommend modifications to the proposed plan in accordance with the criteria in subsection (a), and the applicant may modify the proposed plan in accordance with the recommendations of the Public Works Director and the criteria in subsection (a). (c) If the Building Official determines that the proposed plan satisfies the criteria in subsection (a), the Building Official shall approve the plan. (d) If the Building Official determines that the proposed plan is not being implemented or is being implemented in a manner that is not in accordance with the 5 Saratoga Code the Building Official may suspend the permit(s) associated with the plan and all work assocaited with those permits shall cease. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15308 (the amendments are exempt because they assure maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. - Continued Next Page - 6 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of December 2010, and was adopted by the following vote following a second reading on the 15th day of December 2010: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ____________________________________ MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: ____________________________________ Ann Sullivan CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY