HomeMy WebLinkAboutCity Council Resolution 23-053, Additional Findings, CA Green Building Standards CodeRESOLUTION NO.23-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING
FINDINGS OF LOCAL NECESSITY REGARDING THE NEED FOR THE LOCAL
MODIFICATIONS TO THE PROVISIONS OF THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE
WHEREAS, California Health and Safety Code Section 18938 makes certain
provisions published in the California Building Standards Code pursuant to Health and
Safety Code Section 17922 applicable to all occupancies throughout the state and effective
one hundred eighty days after publication by the California Building Standards Commission
("Commission"), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958 permits cities to amend the
requirements of the California Building Standards Code in accordance with Health and Safety
Code Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting
provisions of the California Building Standards Code to make such modifications in such
provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are
reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before
making modifications pursuant to Health and Safety Code Section 17958.5, must make an
express finding that such modifications are reasonably necessary because of local climatic,
geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, modifications pursuant
to Health and Safety Code Section 17958.5 may not become effective until the required
findings and modifications have been filed with the California Building Standards
Commission; and
WHEREAS, on December 7, 2022, the City Council of the City of Saratoga ("City
Council") adopted an ordinance adopting by reference certain provisions of the California
Building Standards Code and making modifications to certain of those provisions pursuant to
Health and Safety Code Section 17958.5 ("Ordinance No. 395"); and
WHEREAS, at the December 7, 2022, meeting, the City Council also adopted
Resolution No. 22-045, which accompanied Ordinance No. 395 and made required findings of
local necessity for the modifications to the California Building Standards Code but
inadvertently omitted certain findings of necessity for three such modifications; and
WHEREAS, the City Council has reviewed Attachment 1, the Findings Regarding the
Need for Amendments to Provisions in the 2022 California Green Building Standards Code to
be Adopted by Reference in the City Code of the City of Saratoga, which sets forth the three
previously omitted reasons for the proposed modifications to the California Green Building
Standards Code contained in Ordinance No. 395.
Resolution 23-053
Page 2
NOW, THEREFORE, BE 1T RESOLVED that the City Council does hereby
declare and find that the changes to the provisions of the California Green Building Standards
Code set forth in Ordinance No. 395 are reasonably necessary because of local climatic,
geological, or topographical conditions set forth in Attachment 1 in accordance with Health
and Safety Code Section 17958.7; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including the Findings of
Local Necessity (Attachment 1), shall be filed with the California Building Standards Commission
in accordance with Health and
Safety Code Section 17958.7.
PASSED AND ADOPTED by the City Council of the City of Saratoga at a regular
meeting of the Saratoga City Council held on the 21 st day of June 2023 by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR
FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ookie Fitzsimmons, Mayor
ATTEST:
C-4utz- L" r
Britt Avrit, MMC, City Clerk
1651863.1
Resolution 23-053
Page 3
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN
THE 2022 CALIFORNIA GREEN BUILDING STANDARDS
CODE TO BE ADOPTED BY REFERENCE
IN THE CITY CODE OF THE CITY OF SARATOGA
Pursuant to Resolution No. 23-053, the City of Saratoga hereby adopts the following findings of
local necessity for amendments to the 2022 California Green Building Standards Code that were
previously inadvertently omitted from Resolution No. 22-045:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating conditions that
are particularly conducive to the ignition and spread of grass, brush, and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impact the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especially
during the rainy season. 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.
FINDING 3: GEOLOGICAL CONDITIONS: The City of Saratoga's dense population is
in an area of high seismic activity, as indicated by the United States Geological Survey and the
California Division of Mines and Geology. Recent earthquake activities, including the 1989
Loma Prieta earthquake, have indicated that the lack of adequate design and detailing endangered
building occupants and the occupants of nearby structures. The City's proximity to active
earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to public health, safety, and welfare. Since the City is divided by a freeway
and highway, a major earthquake would significantly impact the ability of fire crews to respond
to emergencies should one or more roadways be blocked or damaged due to bridge collapse or
debris from falling structures. Additionally, fire suppression capabilities will be severely limited
should the water system be extensively damaged during seismic events.
The table below describes the City of Saratoga's amendments to specific provisions of
the 2022 California Green Building Standards Code and states which of the findings above and
other conditions make the amendment reasonably necessary.
Amended
Applicable
Explanation
Findings
Sections of the
Section of
2022 CA Green
Saratoga
Building
Building
Standards
Code
Code
Ordinance
Resolution 23-053
Page 4
Chapter 4
16-49.020
Require EV
Finding No. 1. The proposed local
Section 4.106.4.2
Charging standards
amendments support the City's
for parking spaces
sustainability goals, including the
assigned to Multi-
Council's Goal to reduce greenhouse
Family Dwellings
gas (GHG) emissions. The Silicon
Valley area has a disproportionate
share (19.4 %) of electric vehicles
registered in California, according to
the Joint Venture Silicon Valley
Institute for Regional Studies. The
proposed requirement of an additional
EV Charger outlet provides
infrastructure to service the needs of
electric vehicle owners. This
amendment, aimed at reducing GHG
emissions, addresses the City's
climatic conditions.
Chapter 4
16-49.020
New Multi -Family
Finding No. 1. The proposed local
Section
Dwellings:
amendments support the City's
4.106.4.2.1
sustainability goals, including the
40% of dwelling
Council's Goal to reduce greenhouse
units Level 2 Ready
gas (GHG) emissions. The Silicon
Valley area has a disproportionate
60% of dwelling
share (19.4 %) of electric vehicles
units Level 1 Ready
registered in California, according to
the Joint Venture Silicon Valley
Institute for Regional Studies. The
proposed requirement of an additional
EV Charger outlet provides
infrastructure to service the needs of
electric vehicle owners. This
amendment, aimed at reducing GHG
emissions, addresses the City's
climatic conditions.
Chapter 4
16-49.020
Existing Multi-
Finding No. 1. The proposed local
Section
Family:
amendments support the City's
4.106.4.2.2
sustainability goals, including the
10% of added
Council's Goal to reduce greenhouse
spaces shall be
gas (GHG) emissions. The Silicon
EVCS
Valley area has a disproportionate
share (19.4 %) of electric vehicles
ALMS minimum
registered in California, according to
standards, if
the Joint Venture Silicon Valley
provided
Institute for Regional Studies. The
proposed requirement of an additional
EV Charger outlet provides the
infrastructure to service the needs of
electric vehicle owners. This
amendment, aimed at reducing GHG
Resolution 23-053
Page 5
emissions, addresses the City's
climatic conditions.
1651864.1