ORDINANCE 2022-XXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 AND 12 INCLUDING APPENDICES IDENTIFIED HEREIN), INCLUDING ADOPTION OF LOCAL AMENDMENTS TO THE BUILDING STANDARDS CODE WHEREAS, the California Building Standards Commission ("Commission") adopts a comprehensive update to the California Building Standards Code every three years; and WHEREAS, the Commission completed the adoption of the 2022 update to the California Building Standards Code ("2022 Code”) in early 2022, with updates made available to the public by July 1, 2022, and an effective date of January 1, 2023; and WHEREAS, if the City takes no action regarding the 2022 Code, it shall become effective in the City of Manteca on January 1, 2023, pursuant to California Health and Safety Code Section 17958, Public Resources Code 25402.1(g)(1) and pursuant to the 2022 Code Part 2 (the "2019 California Building Code"), Appendix Chapter 1, Section 101.4; and WHEREAS, the City of Manteca is authorized to adopt amendments to the 2022 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions (pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, and California Government Code Section 50022.2); and WHEREAS, the City has adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Manteca Municipal Code Title 15; and WHEREAS, the City Council finds that the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), in that the adoption of State Codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to sections 15060(c)(3), 15061(b)(3), 15308, and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations); and WHEREAS, the City Council hereby finds that, in order to best protect the health, safety and welfare of the residents of the City of Manteca, the standards of building within the city must conform to state law except where local conditions warrant more restrictive regulations. The City is authorized to adopt amendments to the 2022 Code in order to incorporate appendices, address unique administrative requirements of the City, and modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, and California Government Code Section 50022.2. Based on the materials presented and following the recommendation of the City’s Chief Building Official, the City Council finds that changes and modifications to portions of the 2022 Code, as identified in Attachment A (including changes to the 2022 California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Energy Code, Existing Building Code, Historic Building Code, Referenced Standards Code, and CALGreen Code) are warranted because the changes and modifications are reasonably necessary due to the local climatic, geological, or topographical conditions identified herein. Under the provisions of Section 17958.5 of the California Health and Safety Code, the City Council hereby finds that the following local conditions exist to justify the adoption of the proposed local amendments and modifications to the 2022 Code:
Amendments are necessary for administrative clarification; however, they do not modify a Building Standard pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7. This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of Manteca.
Amendments are necessary and justified on the basis of local climatic conditions. The seasonal climatic conditions, hot and dry weather during the late summer and fall, create severe fire hazards to the public health and welfare in the City. The severe seasonal fog that can cause delays in fire response time also creates a severe hazard to the public health and welfare in the City. These conditions, combined with the geologic characteristics of the City, create hazardous conditions for which departure from the California Building Standards Code is required.
Amendments are necessary and justified on the basis of a local geologic condition. The City is subject to earthquake hazards caused by its location near the San Andreas, Hayward, Concord-Green Valley, Vernalis, and Greenville Faults. Said faults are generally considered major Northern California faults that may experience rupture at any time. Thus, because the City is within a seismic area the modifications are designed to better limit property damage as a result of seismic activity and establish criteria for repair of damaged property following a local emergency.
Amendments are necessary as the City of Manteca topography includes railroad tracks which can make timely response by fire suppression vehicles difficult. Additionally, long periods of hot, dry weather, combined with unpredictable seasonal winds, result in increased exposure to fire risk. The modifications and additions are reasonably necessary to combat the hazards brought about by the local topographical conditions.
WHEREAS, the City Council hereby finds that the facts and findings set forth in the recitals to this ordinance accurately reflect the findings and determinations of the City Council and form the basis for the adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Manteca as follows:
SECTION 1: Amendment. Manteca Municipal Code Chapters 15.04, 15.10, 15.12, 15.16, 15.18, 15.20, and 15.22 are hereby amended to read as set forth in Exhibit “A" attached hereto and incorporated herein by reference.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall take effect and be in force on January 1, 2023, or 60 (sixty) days from the date of adoption, whichever is later.
SECTION 4: Publication. Within fifteen (15) days after adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published once in the Manteca Bulletin, a newspaper of general circulation, along with a notice setting forth the date of adoption at the title of this Ordinance.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the ___ day of ______, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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