City of Sunnyvale
Agenda Item
23-0148 Agenda Date: 2/13/2023
REPORT TO PLANNING COMMISSION
SUBJECT
Forward a Recommendation to City Council to Adopt a Resolution to: Abolish the Board of Building Code Appeals; Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to Update the Title of the Person Charged with the Administration and Enforcement of Specified Building Codes; and Find that These Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5)
SUMMARY OF COUNCIL ACTION
On November 29, 2022, the City Council considered the Council Subcommittee on Boards and Commissions recommendation to dissolve the Board of Building Code Appeals (see Attachment 2, RTC No. 22-0718 and Attachments 3, 4, and 5)
Council voted to approve Alternative 1: Direct staff to return with an Ordinance and related actions to dissolve the Board of Building Code Appeals and have City Council serve as the Local Appeals Board as set forth in the California Building Code Section 1.8.8.1 for appeals of the Building Code and Green Building Regulations.
The vote was 7-0.
DISCUSSION
The attached Ordinance and Resolution would dissolve the Board of Building Code Appeals and have City Council serve as the Local Appeals Board as set forth in the California Building Code Section 1.8.8.1 for appeals of the Building Code and Green Building Regulations. Appeals to decisions made pursuant to the Building Code and Green Building Regulations would be heard by the City Council instead of the current process where these types of appeals are heard by the Board of Building Code Appeals.
Because the Ordinance would make a change to Title 19 (Zoning) of the Sunnyvale Municipal Code, this Ordinance requires review by the Planning Commission prior to consideration by the City Council.
ENVIRONMENTAL REVIEW
The action being considered is not a project under the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).
Attachment 1
23-0148 Agenda Date: 2/13/2023
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Public Library, Senior Center, Community Center and in the Department of Public Safety Lobby. In addition, the agenda and report are available at the Sunnyvale Public Library, Office of the City Clerk, and on the City's website.
ALTERNATIVES
1. Recommend that City Council: Adopt a Resolution to Abolish the Board of Building Code Appeals (Attachment 8 to the Report); Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to update the title of the person charged with the administration and enforcement of specified building codes (Attachment 7 to the Report): and Find that these Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5).
2. Recommend that City Council: Adopt a Resolution to Abolish the Board of Building Code Appeals (Attachment 8 to the Report); Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to update the title of the person charged with the administration and enforcement of specified building codes (Attachment 7 to the Report): and Find that these Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5), with modifications.
3. Other direction by the Planning Commission.
STAFF RECOMMENDATION
Alternative 1: Recommend that City Council: Adopt a Resolution to Abolish the Board of Building Code Appeals (Attachment 8 to the Report); Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals and to update the title of the person charged with the administration and enforcement of specified building codes (Attachment 7 to the Report): and Find that these Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5).
Prepared by: David Carnahan, City Clerk
Reviewed by: Suzanne Park, Chief Building Official
Reviewed by: Trudi Ryan, Director, Community Development Department Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Reserved for Report to Council
2. RTC No. 22-0718 without attachments
3. California Building Code Section 1.8.8.1 (Appeals Board)
4. Resolution No. 992
Attachment 1
23-0148 Agenda Date: 2/13/2023
Additional Attachments for Report to Planning Commission
5. Draft Excerpt Council Subcommittee on Boards and Commission Meeting Minutes of 8/2/2022
6. Draft Excerpt Council Meeting Minutes of 11/29/2022
7. Draft Ordinance
8. Draft Resolution
Attachment 1