ORDINANCE O2024-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, AMENDING MANTECA MUNICIPAL CODE CHAPTER 15.04 OF TITLE 15 TO INCORPORATE CALIFORNIA BUILDING CODE APPENDIX P 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, the city 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, a local shelter crisis declaration, in accordance with California Government Code, Title 2, Section 8698 was made by the City Council of the City of Manteca; 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 Council finds that changes and modifications to portions of the 2022 Code, including changes to the 2022 California Building Code for the inclusion of Appendix P is warranted and necessary because of the local declared housing emergency.
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 Chapter 15.04 is hereby amended to read as:
15.04.010 – Adoption
That certain document, one copy of which is on file in the office of the city clerk of the city of Manteca, being marked and designated as the 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, including Appendix Chapters A, F, H, J, K, and P as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of all properties, buildings, and structures; by providing the standards for facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupancy and use; and the condemnation of such structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions, and terms of said 2022 California Building Code on file in office of the City Clerk of the city of Manteca is hereby referred to, adopted as the building code of the city of Manteca.
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 October 20, 2024, 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: __________________________
GARY SINGH
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 18th day of June, 2024, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 1
O2024-XX Page PAGE 1 of NUMPAGES 1 June 18, 2024
ATTACHMENT __
O20XX-__ Page PAGE 1 of NUMPAGES 2 Type adopted date of ordinance here