DRAFT 1/12/23_______
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE ABOLISHING THE BOARD OF BUILDING
CODE APPEALS AND DESIGNATING THE CITY COUNCIL
AS THE APPEALS BOARD TO HEAR BUILDING CODE
AND GREEN BUILDING APPEALS.
WHEREAS, the California Building Code, which the City adopts triennially by reference, requires the City to have a process to hear and decide appeals of orders, decisions and determinations relative to the application and interpretation of th e Buildin g Code and other regulations governing construction, use, maintenance and change of occupancy; and WHEREAS, pursuant to the Calif ornia Building Code, the City Council may establish a local appeals board, but if no such appeals board is established, the City Council shall serve as the local appeals board as specified in California Health and Safety Code Sections 17920.5; and WHEREAS, following the adoption of the Sunnyvale City Charter in 1949, the Sunnyvale City Council formally established a Board of Building Code Ap peals on September 20, 1949 (Resolution No. 922); and
WHEREAS, in additio n to hearing Building Cod e appeals, Section 19.39.070 of the Sunnyvale Municipal Code designates the Board of Build ing Code Appeals as the body to hear appeals related to the City’s Green Building regulations; and WHEREAS, the Board of Building Code Appeals has not met to hear an appeal in the past twenty years; and
WHEREAS, given the in frequency of appeals, the benefit of h aving a separate Board of Building Code Appeals is outweighed by the administrative burdens needed to maintain the Board; and
WHEREAS, due to the infrequency of appeals, on August 2, 2022, the Council Subcommittee on Boards and Commissions recommended the City Council dissolve the Board of Building Code Appeals pur suant to California State Law and have City Co uncil serve as the appeals board; and
WHEREAS, on November 29, 2022, the City Council directed staff to retu rn with an Ordinance and related actions to dissolve the Bo ard of Building Code Appeals and have the City Council serve as the appeals board for the Building Code and Green Building regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE AS FOLLOWS:
1. The Sunnyvale Board of Building Code Appeals is hereby dissolved and all current appointments of the members of the Board of Building Code Appeals are revoked.
T-DPS-160230/66114 1
Agenda:
Item No.:
Attachment 8
T-DPS-160230/66114 2
Agenda:
Item No.:
2. The City Council shall serve as the local board of appeals as required by the California Building Code and Title 16 of the Sunnyvale Municipal Code, and for appeals of Green Building regulations under Title 19 of the Sunnyvale Municipal Code.
3. The City Council expresses its appreciation and thanks to the current and former members of the Board of Building Code Appeals for their service to the City of Sunnyvale.
Adopted by the City Council at a regular meeting held on _____________, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
____________________________________ __________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
JOHN A. NAGEL
City Attorney
Attachment 8