RESOLUTION NO 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
FINDING AND DETERMINING THE NEED FOR LOCAL AMENDMENTS
TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE
AS ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, TO BE ADOPTED BY
REFERENCE IN THE UNION CITY MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the "Commission"), or at a later date established by the Commission; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 establish the authority for the City to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 permit the City to make such local amendments and modifications as the City determines are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 require the City, before making any amendments and modifications to the California Building Standards Code, to create an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings and the changes have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, the City Council of the City of Union City (the City Council) intends to adopt an ordinance adopting by reference provisions of the California Building Standards Code, with local amendments; and
WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby resolves, declares, and finds that the local amendments to the provisions of the California Building Standards Code as set forth below are reasonably necessary
because of local climatic, geologic, or topographical conditions in conformance with its obligations under Section 17958.7 of the California Health and Safety Code:
I. General Findings of Local Conditions
The City of Union City has unique climatic, geographic, and topographical characteristics that adversely affect the prevention of loss of life and property due to fire and seismic motion. Local soils have a relatively high acidic content, which tends to corrode underground metallic pipes.
A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds creates extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally push flames back into the building, creating a blowtorch effect that exacerbates “natural” and cross-ventilation efforts.
B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a severe earthquake along the Hayward Fault over the next 30 years as one in four. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude.
C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and will amplify the effects of future earthquakes.
Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity and pH imbalance and are considered "hot soils" by engineers.
Such "hot" soils are highly corrosive to all types of metal, including cast-iron plumbing, when installed in the ground without cathodic protection and/or other expensive protection.
Summarily, Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires.
Soil
composition also affects the performance of buildings in earthquakes and contributes to the failure of
plumbing systems in the ground. Therefore, it is reasonable and prudent to modify the current state model codes to mitigate the effects of these local conditions.
II. Pursuant to Sections 17958.5 and 17958.7 of the State of California Health and Safety Code, the City Council of the City of Union City makes the finding that changes, modifications, and amendments to the 2022 Edition of the California Building Standards Codes are needed and are reasonably necessary because of certain local climatic, geologic and topographic features and conditions as described in Section I above, and that those features and conditions, under certain circumstances, affect delivery of emergency services. The amendments to the California Building Standards Codes are enacted to mitigate the impact of those local features and conditions by (i) preventing the chance of accident or injury by requiring standards more stringent than required by the
current codes; and (ii) requiring additional built-in automatic fire protection systems, which will provide for early detection and initial fire control.
III. The following changes and/or modifications to the 2025 California Building Standards Code are found to be necessary to mitigate the impacts caused by the local climatic, geologic, and topographic conditions. The City of Union City has adopted substantive changes and modifications to the California Building Standards Code as follows:
Union City
Municipal Code
Chapter
California Code Section Findings
Chapter 15.20
CA Fire Code-CCR Title 24 Part 9
Sections: 103.2. 104.6, 104.6.3, 106.2,
109.4, 112.1, 903.2, 903.2.1, 903.2.3,
903.2.4, 903.2.7, 903.2.8 and 903.2.9
and 903.6
The following sections are added:
5614.1, 5614.2, 5614.3, 5614.4, and
5614.5
Section I. A, B, and C
Chapter 15.40
CA Building Code-CCR Title 24 Part 2
Sections: 1.8.4.2, 1.8.8, 1.8.9, 1.8.10,
14.1.4, 502.1, 901.1, 1705.3 and
1905.1.7 ACI 318
The following sections are added:
1.8.9.3, 1.8.9.4, 1.8.10.3 and 901.1.1
Section I. A, B, and C
Chapter 15.44
CA Electrical Code-CCR Title 24 Part 4
Sections: 89.108.4.2, 89.108.8,
89.108.9
The following sections have been added:
89.108.9.3 and 89.108.9.4
Section I. A, B, and C
Chapter 15.48
CA Plumbing Code-CCR Title 24 Part 6
Sections: 1.8.4.2, 1.8.8, 1.8.9 and 609.3
The following sections are added:
1.8.9.3, 1.8.9.4, and 609.3.1
Section I. A, B, and C
Chapter 15.52
CA Mechanical Code-CCR Title 24 Part
5 Sections: 1.8.4.2, 1.8.8 and 1.8.9
The following sections are added: 1.8.9.3
and 1.8.9.4
Section I. A, B, and C
Chapter 15.80
CA Residential Code-CCR Title 24 Part
3 Sections: 1.8.4.2, 1.8.8, 1.8.9, 1.8.10.2,
R313, R403.1.3.5, R602.10.4, Table
R602.10.3(3) and R602.10.4.4
The following sections are added:
1.8.9.3, 1.8.9.4, 1.8.10.2.1 and
R403.1.3.5.5
Section I. A, B, and C
Chapter 15.81 CA Existing Building Code-CCR Title
24 Part 10
Sections: 101, 104, 108, and 112
Section I. A, B, and C
Union City
Municipal Code
Chapter
California Code Section Findings
The following sections are added:
108.2.1
Chapter 15.84 CA Green Building Standards CodeCCR Title 24 Part 11 Sections: 101
The following sections are added:
101.13, 101.14, and 101.15
Section I. A, B, and C
The aforementioned amendments have been incorporated in detail in Ordinance 2025- XX.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 28th day of October 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney