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HomeMy WebLinkAboutRES 2007-59RESOLUTION NO. 2007- 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 07(2007) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. A. RECITALS (i) California Health and Safety Code Section 17922 requires all cities to adopt, as the City Building Standards Code, the State Building Standards Code adopted pursuant to the provisions of Chapter 4 of Part 2.5 of Division 13 of the California Health and Safety Code. (ii) Section 17958.5 of the California Health and Safety Code provides, in pertinent part, as follows: "...a city or county may make such changes or modifications in the requirements contained in the provisions published in the State Building Standards Code and the other regulations adopted pursuant to Section 17922 as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological or topographical conditions." (,iii) Prior to making the modification permitted under Section 17958.5 of the California Health and Safety Code, this Council is required to make an express finding that such modifications or changes are reasonably necessary. (iv) This Council desires to amend the provisions of sections 1805.10, 1505.1.1, 1508, Table No. 1505.1, and appendix J of the "California Building Code", 2007 Edition. (v) This Council desires to amend the provisions of Sections 321.1 and 722.6 of the "California Plumbing Code", 2007 Edition. (vi) This Council desires to amend the provisions of Section 110.14, 334.10 (A&B), Section 334.12 Section 590.3 (B) and Table No. 300.5 of the "California Electrical Code", 2007 Edition. (vii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, be it found, determined and resolved as follows: In all respects as set forth in the Recitals, Part A, of this Resolution. 2. This Council does hereby expressly find and determine that the amendments set forth in Ordinance 07 (2007) amending Section 1805.10 and appendix J of the "California Building Code", 2007 Edition, and adding subsection 722.6 of the "California Plumbing Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement. b. The City of Diamond Bar experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. C. Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading on private properties. This will decrease possible damage due to natural earth expansion and seismic activity. 3. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. 07(2007), amending Sections 1505.1.1., 1505.8, and Table No. 1505.1 of the "California Building Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph 3.a. above. 4. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No 07 (2007), amending Appendix J of the "California Building Code", 2007 Edition, are reasonably necessary because of local climatic, geological, or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is located in a seismically active area and is in clone proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial numbers of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. '). This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. 07 (2007), amending Section 321.0 of the "California Plumbing Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations a. The City of Diamond Bar is subject to drought conditions. Its water provider, the Metropolitan Water District, may restrict local water supplies in such cases and impose surcharges on water supplied in excess of these levels. As water supplies are restricted further and the price of water rises, the City of Diamond Bar will find it difficult to maintain hillside erosion control and the general quality of life in our community will suffer. 3 21007----59 b. Because of the above-described climatic condition affecting the City of Diamond Bar, the need for alternative methods of providing landscape irrigation is enormous. The use of reclaimed water will help to meet this demand, now and in the future. 6. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. 07 (2007), amending Sections 110.14, 334.10 (A&B) 334.12, 590.3 (B), and Table No. 300.5 of the "California Electrical Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. As found in paragraph 4.b., the City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial numbers of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an inadequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph, 2.b., of this Resolution, climatic conditions within the community render it extremely likely that in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Therefore protection of electrical wiring is essential in the above described events and this protection is magnified in high occupancy buildings. ADOPTED AND APPROVED ' 6th day of November 2007. Mayor 4 2U07-59 I, TOMMYE CRIBB INS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of November 2007, by the following vote: AYES: COUNCILMEMBERS: C a tz :vere -t s herrere i f ye NOES: COUNCILMEMBERS: &u,1--_,2 ABSENT: COUNCILMEMBERS: :None ABSTAIN: COUNCILMEMBERS:;ts ATTEST:,�I��it . "6(- City fc_City Clerk of the City of Diamond Bar 1