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Home My WebLink AboutORD 456 2017 1101 ORDINANCE NO. 456 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, 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 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: 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. Ja' ice S. Parvin, Mayor ATTEST: - ,n :11110/1" /iirl. ,pr,1%. Lrit-a-e-e.4-ze--- d-e-/vatv,-- Zika,-,91r-iffEser;* City Benson, C ty C lerk .. .g.' y � r_ Ordinance No. 456 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 456 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of November, 2017 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 15th day of November, 2017. Maureen Benson, City Clerk (Se. __.c 7, ,f -,,, /rte 7,4, 1r •,, pfot V 7 4111 �1� e 491'