HomeMy WebLinkAboutAGENDA REPORT 2017 1101 CCSA REG ITEM 11A Coco-9,c.? "APlincd. ITEM 11.A.
� 1P ORDINANCE NO. 456
—AN ORDINANCE OF THE CITY OF MOORPARK,
r5Y.� �--GALFFORN1=A, ADDING SECTION 15.08.045, EARTHQUAKE
HAZARD REDUCTION IN TELECOMMUNICATION AND
BROADCAST TOWERS, TO CHAPTER 15.08, BUILDING
CODE, OF TITLE 15, BUILDING AND CONSTRUCTION, OF
THE MOORPARK MUNICIPAL CODE, AND MAKING A
FINDING THAT AN AMENDMENT TO THE 2016 EDITION
OF THE CALIFORNIA BUILDING CODE IS REASONABLY
NECESSARY DUE TO LOCAL GEOLOGICAL
CONDITIONS, AND MAKING A DETERMINATION OF
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Moorpark (City) has adopted the 2016 Editions of the
California Building Code, the California Green Building Standards Code, the California
Electrical Code, the California Plumbing Code, the California Mechanical Code, the
California Energy Code and the California Residential Code (collectively referred to as
the "California Building Standards Code")with certain modifications and changes; and
WHEREAS, Health and Safety Code Section 18938(b) generally provides that
the most recent edition of the California Building Standards Code shall apply to all
occupancies in the state and shall become effective 180 days after publication by the
California Building Standards Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5,
17958.7, and 18941.5 allow amendments to building standards contained in the
California Building Standards Code to be made by a local government provided findings
of necessity based on local climatic, geological, and/or topographical conditions are
made; and
WHEREAS, the City Council desires to enhance seismic safety throughout the
City; and
WHEREAS, the Southern California Association of Governments (SCAG) and
the Dr. Lucy Jones Center for Science and Society support local jurisdictions' efforts in
fostering seismic safety to reach beyond life-safety standards and move into continuous
service standards; and
WHEREAS, cellular telecommunication and broadcast towers can be designed
and built to provide a higher level of expected uninterrupted service after a major
earthquake by requiring a 1.50 importance factor as set forth in Table 2-3, Importance
Factors, of the Telecommunications Industry Association (TIA)-222 structural standard;
and
WHEREAS, the Community Development Director determined that this
Ordinance amending Chapter 15.08 of Title 15 of the Moorpark Municipal Code is
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA
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Ordinance No. 456
Page 2
Guidelines), based on the general rule that CEQA only applies to "projects" that may
have a significant effect on the environment. This Ordinance would amend the
Municipal Code related to building standards necessary to protect health and safety,
and would not authorize any new development. In this case, it can be seen with
certainty that there is no possibility that this Ordinance may have a significant impact on
the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council has
reviewed the Community Development Director's determination that this Ordinance
amending Chapter 15.08 of Title 15 of the Moorpark Municipal Code is exempt from the
provisions of CEQA pursuant to CEQA Guidelines, based on the general rule that CEQA
only applies to "projects" that may have a significant effect on the environment. This
Ordinance would amend the Municipal Code related to building standards necessary to
protect health and safety, and would not authorize any new development. In this case, it
can be seen with certainty that there is no possibility that this Ordinance may have a
significant impact on the environment. Based on the foregoing, the City Council, based on
its own independent judgment, finds that the adoption of this Ordinance is exempt from
CEQA.
SECTION 2. AMENDMENT NECESSARY. Pursuant to Section 17958.7 of the
Health and Safety Code of the State of California, the City Council of the City of
Moorpark hereby finds that this amendment to the building standards contained in the
2016 Edition of the California Building Code made by this Ordinance is reasonably
necessary due to the local geological conditions as follows:
Local Geological Conditions — The Moorpark/Ventura County region is a populated area
having buildings and structures that include telecommunication and broadcast towers
constructed over and near fault systems capable of producing major earthquakes. The
City is located in an area with expansive and unstable soils and includes areas subject
to liquefaction. These conditions require that special foundation considerations and soils
analysis requirements must be in place to provide a reasonable degree of structural
integrity for buildings and structures that include telecommunication and broadcast
towers to prevent injury and reduce the risk of interruption to cellular telecommunication
services. These local geological conditions require specific and greater protection than
is afforded by the 2016 Edition of the California Building Code.
SECTION 3. Section 15.08.045 (Earthquake Hazard Reduction for
Telecommunication and Broadcast Towers) of Chapter 15.08 (Building Code) of Title 15
(Buildings and Construction) of the Moorpark Municipal Code is hereby added to read as
follows:
300
Ordinance No. 456
Page 3
"15.08.045 Earthquake hazard reduction for telecommunication and
broadcast towers.
Section 3108.1 of the California Building Code is replaced in its entirety to
read:
3108.1. General. Towers shall be designed and constructed in accordance
with the provisions of TIA-222. For structural design purposes, cellular
telecommunication towers shall be considered to be a "Class III Structure"
subject to an Importance Factor of 1.50, as set forth in Table 2-3,
Importance Factors, of TIA-222. Towers shall be designed for seismic
loads; exceptions related to seismic design listed in Section 2.7.3 of TIA-222
shall not apply. In Section 2.6.6.2 of TIA-222, the horizontal extent of
Topographic Category 2, escarpments, shall be 16 times the height of the
escarpment.
Exception: Single free-standing poles used to support antennas not greater
than seventy-five (75) feet (22 860 mm), measured from the top of the pole
to grade, shall not be required to be noncombustible."
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective 30 days after its passage
and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 1st day of November, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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