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agenda-report Amendments to Title 11 of the Gonzales City Code, Titled “Building Regulations”

Gonzales City Council
December 5, 2022

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agenda-report Amendments to Title 11 of the Gonzales City Code, Titled “Building Regulations”
Meeting
December 5, 2022
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Gonzales City Council
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City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Amendments to Title 11 of the Gonzales City Code, Titled “Building Regulations”

RECOMMENDATION
Staff recommends the City Council:
• Introduce, waive reading, and read by title only, Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments:
• 2022 California Administrative Code, Title 24, Part 1 • 2022 California Building Code, Title 24, Part 2, Volumes 1and 2, • 2022 California Residential Code, Title 24, Part 2.5, • 2022 California Electrical Code, Title 24, Part 3,
• 2022 California Mechanical Code, Title 24, Part 4,
• 2022 California Plumbing Code, Title 24, Part 5,
• 2022 California Energy Code, Title 24, Part 6,
• 2022 California Fire Code, Title 24, Part 9,
• 2022 California Green Building Standards Code, Title 24, Part 11, • 2022 California Referenced Standards Code, Title 24, Part 12, • 2021 International Property Maintenance Code,
• Small Residential Rooftop Solar Systems
• And deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” • Accept public comments.

AGENDA
ITEM
20 • Set a Public Hearing to solicit public comments on Ordinance No. 2022-135 for January 17, 2023; and • Direct staff to file this ordinance with the State of California Building Standards Commission when adopted.

BACKGROUND
The City Council adopted Ordinance No. 2019-114 establishing the 2019 California Building codes as the City’s standards with local modifications in January of 2020. The California Building Standards Commission updates the State building codes every three years and published and adopted the 2022 California Building Standards Codes in July 2021 to take effect January 1, 2023. The 2022 California Building Standards Codes include the following twelve parts (codes):
• Part 1 – Administrative Code • Part 7 – Vacant
(formally CA Elevator Safety)
• Part 2 – Building Code Vol. 1 & 2 • Part 8 – Historical Code • Part 2.5 – Residential Code • Part 9 – Fire Code
• Part 3 – Electrical Code • Part 10 – Existing Building Code • Part 4 – Mechanical Code • Part 11 – Green Building Code • Part 5 – Plumbing Code • Part 12 – Referenced Standards Code • Part 6 – Energy Code
As with previous triennial updates to the State building codes, the changes to the 2022 State Building Codes are minor, except for changes to the Energy Code to increase energy efficiency, as these changes strive to meet State required carbon neutral goals. The following is a summary of the more substantive changes to the 2022 Building Codes:
• Inclusion of new Aging-in-Place Design and Fall Prevention Requirements have been written into the Residential Code through Senate Bill 1288 (Jackson). These requirements are meant to reduce impediments to internal mobility and increase safety in newly constructed residential units to allow extended residency for aging persons and potentially deferring having to move to assisted living facilities due to mobility issues.
• New residential dwellings must be “electrical ready” for alternatives to gas appliances for water heaters, space heating, cooking, and clothes dryers, etc. • New non-residential buildings must add photovoltaic (PV) and battery storage to be more self-sufficient.
• Building permits will be valid for one-year upon issuance. • Multi-family and hotel projects with less than 20 units must provide no less than 10% of the parking spaces as electrical vehicle EV “ready”. • Multi-family and hotel projects with more than 20 units must support EV charging.

REVIEW AND ANALYSIS
California Health and Safety Code, Section 18935, allows cities to enhance state codes that are based upon local conditions; including local climate, geology, and topography. All local amendments must be submitted to the California Building Standards Commission. Staff will submit any local amendments after the ordinance is adopted. The attached ordinance details the proposed amendments to the State codes, many of which are ministerial clean up and/or technical in nature. Staff recommends:
• Replacing outdated versions of the 1997 Housing, and 1997 Abatement of Dangerous Buildings Codes with the 2021 version of the International Property Maintenance Code. The International Property Maintenance Code provides Gonzales with property maintenance standards for residential and commercial uses, whereas the outdated versions were primarily residential provisions.
• Adoption of the 2022 version of the Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building Standards and Referenced Standards Codes as modified in Ordinance No. 2022-135 and as periodically modified by the California Building Standards Commission.
• Staff recommends the deletion of Chapter 11.48 Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills. With the adoption of the 2022 California Green Building Standards Code this separate chapter is no longer needed.

Staff has determined that the changes listed in Ordinance No. 2022-135 are consistent with State adopted codes, amended for Gonzales conditions and asks the City Council to adopt the ordinance.

Explain the Recommendation and How it Supports the Vision Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explanation: Adoption of the updated building codes will ensure Gonzales’ growth is constructed and maintained in a safe manner.

Explain how the Recommendation Directly Implements the Mission The City Council and staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explanation: The quality of life in Gonzales is partially dependent on safe buildings constructed and maintained properly to keep residents safe and secure. Ordinance No. 2022- 135 is part of the resource commitment to keep Gonzales safe and allow staff to provide continued excellent services.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explanation: The updated codes do not have any onerous effects but maintain safety above other concerns. Safety, housing, employment, and businesses are the focus in this effort.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A

ALTERNATIVES
Alternative 1 - Introduce, waive reading, and read by title only, an Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments; or Alternative 2 - Gonzales could adopt the 2022 state codes as-is and without adopting the proposed local amendments to the state codes. This will result in the city of Gonzales being regulated by the state codes as adopted by the State of California; and as a result, reduce the current level of protection Gonzales has enjoyed over the years making our area safer than the minimum standards that work in areas not affected by our earthquakes, wind, flooding, and geology. Staff recommends against this option.

Alternative 3 - Gonzales could increase the level of building performance in the Energy and Green Building Standards Code. The proposed level is the minimum to impact local construction costs the least.

If the City Council wants to raise the level of requirements, staff can incorporate this change. Otherwise, staff recommends the minimum performance requirements.

BUDGET IMPACT
There is no budget impact caused by the adoption of the 2022 Codes as amended locally in Ordinance No. 2022-135.

PUBLIC INFORMATION
Staff is preparing a bi-lingual handout for the front lobby of City Hall informing the public of the updated California Codes and noting the areas of change. Computer links will also be included on the handout for persons to reference the codes in their entirety.

CONCLUSION
Staff recommends the City Council:
• Introduce, waive reading, and read by title only, Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments:
• 2022 California Administrative Code, Title 24, Part 1 • 2022 California Building Code, Title 24, Part 2, Volumes 1and 2, • 2022 California Residential Code, Title 24, Part 2.5, • 2022 California Electrical Code, Title 24, Part 3,
• 2022 California Mechanical Code, Title 24, Part 4,
• 2022 California Plumbing Code, Title 24, Part 5,
• 2022 California Energy Code, Title 24, Part 6,
• 2022 California Fire Code, Title 24, Part 9,
• 2022 California Green Building Standards Code, Title 24, Part 11, • 2022 California Referenced Standards Code, Title 24, Part 12, • 2021 International Property Maintenance Code,
• Small Residential Rooftop Solar Systems
• And deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” • Accept public comments.
• Set a Public Hearing to solicit public comments on Ordinance No. 2022-135 for January 17, 2023; and • Direct staff to file this ordinance with the State of California Building Standards Commission when adopted.

Attachments:

1. Ordinance No. 2022-135

2. Proof of Publication

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