TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Carrie Tai, AICP, Community Development Director
Ryan Heise, P.E., Building Official
Susan Yuzuki, P.E., Plan Check Engineer
SUBJECT:Title
Consider Adopting a Resolution Amending Resolution No. 19-0095 (Building Code Adoption) to Correct Findings Pertaining to Permit Exemptions (Community Development Director Tai).
ADOPT RESOLUTION NO. 20-0005
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 20-0005, which amends the findings adopted by Resolution No. 19-0095 pertaining to California Building Code Section [A] 105.2 and California Residential Code Section R105.2 (permit exemptions).
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
On November 19, 2019, the City Council adopted Ordinance No. 19-0015 (Building Codes) adopting the 2019 California Building Standards Codes (“Codes”) by reference and local amendments to those Codes, and associated Resolution No. 19-0095. California Health and Safety Code Sections 17958.5 and 18941.5 allow local amendments if the City makes findings that amendments are reasonably necessary due to unique local climatic, geological, and topographical conditions. Resolution No. 19-0095 established express findings for each local amendment based on one or more of these conditions.
The Codes include the California Building Code (CBC) and California Residential Code (CRC), both of which have an Administration section; local amendments to this section typically do not require justification through findings. Section [A] 105.2 and R105.2 of each respective Administration section includes a list of construction projects that are exempt from permits. One local amendment made in the Administration section changed permit exemptions for fences. Whereas the CBC and CRC exempt fences not higher than 7 feet from permits, the local amendment only exempts fences not higher than 6 feet. This local amendment has been included consistently in prior CBC and CRC adoptions and is common throughout Southern California, due to the high seismic activity in the area.
After adoption, cities are required to submit their adoption findings to the California Building Standards Commission (CBSC) for review. This year, the CBSC informed the City that local amendments in CBC Section [A] 105.2 and CRC Section R105.2 changing the permit exemption for fences needed specific findings that amendments are reasonably necessary due to unique local climatic, geological, and topographical conditions.
DISCUSSION:
Amendments to CBC Section [A] 105.2 and CRC Section R105.2 were listed in Resolution No. 19-0095 as administrative and findings were not included. To address the CBSC comments, staff proposes to amend the resolution to include findings that the local amendment to these sections are reasonably necessary due to geological conditions, given the proximity of active earthquake faults in Southern California. These amendments are necessary to ensure that construction of fences higher than 6 feet are reviewed for adequate building and safety standards in this seismically active area. The corresponding findings have been revised in Resolution No. 20-0005 (Attachment 1). All other findings in Resolution 19-0095 (Attachment 2) remain unchanged.
PUBLIC OUTREACH:
The City Council adopted the 2019 Building Standards Codes on November 19, 2019 after a duly noticed public hearing. This amended resolution corrects findings previously made, and does not otherwise change the Codes or any local amendments. There are no changes that affect building standards or construction. After analysis, staff determined that additional public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed resolution for compliance with the California Environmental Quality Act (CEQA) and has determined that the minor revisions were adequately covered in connection with Ordinance No. 19-0015 and Resolution No. 19-0095. Thus, no further environmental review or documentation is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Resolution No. 20-0005
2. Resolution No. 19-0095 (for Reference)