Loading...
HomeMy WebLinkAbout16-76 CC Resolution RESOLUTION NO. 16-76 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2016 CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL CONDITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. A. Certain model and uniform codes, including building standards therein, are adopted and amended by the State of California in the 2016 California Building Standards Code and, on January 1, 2017, will become applicable in the City, subject to amendments made by the City pursuant to Health and Safety Code Sections 17958.5 and/or 18941 .5. ' B. The Health and Safety Code Sections referenced in Recital (i), above, permit local amendments to building standards adopted by the State, based upon express findings that such amendments are reasonably necessary due to local climatic, geological and/or topographical conditions. C. Generally, Riverside County and the City of Temecula have an and climate. Annual rainfall varies from 3 inches in Blythe to over 33 inches in Pine Cove. Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor, which causes small fires originating in high-density development presently being constructed in the City of Temecula, which spread quickly and create the need for an increased level of fire protection. This added protection, including but not limited to on-site protection, will supplement normal Fire Department response available in new development, and provide immediate fire protection for life and safety of multiple-occupancy occupants during fire occurrence. D. The City is located in an area near geological high seismic activity. Due to the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable. During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow. Resos 16-76 1 E. Traffic and circulation congestion in urban areas often place Fire ' Department response time to emergencies at risk. This condition makes the need for enhanced on-site protection for property occupants necessary. F. All legal prerequisites to the adoption of this Resolution have occurred. SECTION 2. RESOLUTION. A. The facts set forth in the Recitals, Section 1 of this Resolution, are true and correct. B. The City Council of the City of Temecula desires to modify certain building standards in the 2016 California Building Code, 2016 California Mechanical Code, 2016 California Plumbing Code, and 2016 California Electrical Code, as adopted by the City of Temecula. As required by law, the City Council hereby expressly finds as follows: (i) Based upon the local climatic, geological, and topographical conditions described in Recital C, D, E above, the City Council finds that the modifications to the 2016 California Building Code ("CBC"), as reflected in Temecula Municipal Code ('TMC") 15.04.020; CBC Sections 105.2, 105.3, 105.5, 110.3.6, 111.1, 114.4.1, 501.2, 903.2, 1505.1, 1907A.2, 3109.4.1; 2016 California Residential Code as reflected in TMC 15.04.030; ("CRC') Appendices A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, ' S, T, U, V and W; 2016 California Electrical Code ("CEC") as reflected in TMC 15.04.040; CEC Sections 90.4, 90.8, 110.5, Table 300.5, 334.10, 690.4(A); 2016 California Mechanical Code ("CIVIC"), as reflected in TMC 15.04.050; CIVIC Sections 106.3, 504.1; and the 2016 California Plumbing Code ("CPC'), as reflected in TMC 15.04.060; CPC Sections 106.3, 104.5, 211.0, 719.5, 1213.1, 1211 .7, as contained in Ordinance No. 16-12 and Urgency Ordinance No. 16-13 are reasonably necessary in order to protect and preserve the public health, safety, and welfare as justified in Recitals C, D and E. (ii) Said Building Code amendments are reasonably necessary in that they will serve to provide greater protection based upon the conditions as described in Recitals C and D. (iii) Said Residential Code amendments are reasonably necessary in that they will serve to provide greater protection based upon the conditions as described in Recitals C, D and E. (iv) Said Plumbing Code amendments are reasonably necessary in order to provide and preserve public health and safety based upon the conditions as described in Recitals C and D. (v) Said Electrical Code amendments are reasonably necessary in order to ' provide and preserve public health and safety based upon the conditions as described in Recitals C and D. Resos 16-76 2 (vi) Said Mechanical Code amendments are reasonably necessary in order to ' provide and preserve public health and safety based upon the conditions as described in Recitals C and D. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Temecula hereby declares that it would have passed each section, subsection, subdivision , paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 4. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. 16-12 and Urgency Ordinance No. 16-13 with the State Building Standards commission, as required by California Health and Safety Code Section 17958.7. SECTION 5. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13`" day of December, 2016. 1 Michael S. ggar, Mayor ATTEST: Ran , City Clerk [SEAL] 1 Resos 16-76 3 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-76 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13`h day of December 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 16-76 4