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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