HomeMy WebLinkAboutCity Council Resolution 08-016RESOLUTION NO. 08-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING
FINDINGS OF FACT REGARDING THE NEED FOR THE MODIFICATIONS TO THE
PROVISIONS OF THE 2007 CALIFORNIA BUILDING STANDARDS CODE MADE IN
THE SARATOGA CITY 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
changes 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 changes pursuant to Health and Safety Code Section 17958.5, must
make an express finding that such changes are reasonably necessary because of
local climatic, geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes
pursuant to Health and Safety Code Section 17958.5 may not become effective
until the required findings, and the changes, have been filed with the California
Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of city
ordinances that adopt codes or statutes, including codes of the State of California,
by reference; and
WHEREAS, the City Council of the City of Saratoga ("City Council") held
a duly noticed public hearing on March 19, 2008 at which all interested persons had
an opportunity to be heard to consider adopting an ordinance adopting by reference
certain provisions of the California Building Standards Code together with various
changes and during and following that hearing considered the reasons for those
changes as set forth in Exhibit 1 to this Resolution; and
WHEREAS, the City Council has, concurrently with adoption of this
Resolution, adopted the above-described ordinance;
NOW, THEREFORE, BE IT RESOLVED that the City Council does
hereby find and declare that the changes to the provisions of the California
Building Standards Code set forth in "An Ordinance Adopting the 2007 California
Building, Fire, Plumbing, Electrical, And Mechanical Codes with Modifications
for Local Conditions, a Repair and Reconstruction Code and an Excavation and
Grading Code" are reasonably necessary because of local climatic, geological, or
topographical conditions in accordance with Health and Safety Code Section
17958.7; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including
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 meeting
held on March 19, 2008, by the following vote, to wit:
AYES: Councilmembers Jill Hunter, Kathleen King, Aileen Kao, Vice
Mayor Chuck Page, and Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
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Ann Waltonsmith, Mayor
ATTEST:
1
nn a ivan, Acting City Clerk