Title
Final Passage of Ordinance Amending the Alameda Municipal Code by Amending: (1) Article I (Uniform Codes Related to Building, Housing, and Technical Codes) of Chapter XIII (Building and Housing) to Adopt the 2022 Edition of Chapter 1, Division II Scope and Administration, the 2022 Edition of the California Building Code, the 2022 Edition of the California Residential Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the Plumbing Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Energy Code, the 1997 Edition of the Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and (2) Adopting the 2022 Edition of the California Fire Code, Including Appendix Chapters 4, B, C, D, E, F, G, H, I, K and O, with Necessary Additions and Amendments to Section 15-1 of Chapter XV (Fire Prevention) Due to Local Climatic, Geological, or Topographical Conditions; and (3) Adopt the 2022 Edition of the California Green Buildings Standards Code with Necessary Additions and Amendments to Section 13-10 of Chapter XIII (Building and Housing) Due to Local Climatic, Geological, or Topographical Conditions. In accordance with the California Environmental Quality Act (CEQA), this action is exempt pursuant to CEQA Guidelines section 15061(b)(3). (Planning, Building and Transportation 20962710)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
https://alameda.legistar.com/LegislationDetail.aspx?ID=5945583&GUID=714FE88B-925B-48E8-B0C5-9BFC7F3C4E5D&Options=&Search=
CITY OF ALAMEDA ORDINANCE NO. _________
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING: (1) ARTICLE I (UNIFORM CODES RELATING TO BUILDING, HOUSING AND TECHNICAL CODES) OF CHAPTER XIII (BUILDING AND HOUSING) TO ADOPT THE 2022 Edition OF Chapter 1, Division II Scope and Administration, THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE, THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE, THE 1997 UNIFORM HOUSING CODE, AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; (2) ADOPTING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, INCLUDING APPENDIX CHAPTERS 4, B, C, D, E, F, G, H, I, K AND O, WITH NECESSARY ADDITIONS AND AMENDMENTS TO SECTION 15-1 OF CHAPTER XV (FIRE PREVENTION) DUE TO LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS; AND (3) ADOPT THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDINGS STANDARDS CODE WITH NECESSARY ADDITIONS AND AMENDMENTS TO SECTION 13-10 OF CHAPTER XIII (BUILDING AND HOUSING) DUE TO LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS
WHEREAS, Health and Safety Code Section 18938 provides that the triennial edition of the California Building Standards Code establishes building standards for all occupancies throughout the State and requires that these standards incorporate the latest editions of the Technical Codes with necessary California amendments; and
WHEREAS, on July 1, 2022, the State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code which incorporated the various editions of the Technical Codes by reference with necessary California amendments; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout California, including the City of Alameda, 180 days after publication by the State Building Standards Commission, which is January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that each such change or modification is reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, local amendments to the 2022 California Green Building Standards Code were the subject of stakeholder workshops conducted on October 18 and 20, a public meeting conducted on November 3 (Historical Advisory Board) and November 14 (Planning Board), in addition to this evening’s City Council meeting, at which attendees included architects, energy modelers, designers, builders, developers, and residents; and
WHEREAS, the City Council has considered the 2022 edition of the California Building Standards Code, which incorporates by reference the various editions of the Technical Codes, and all of the referenced standards, tables, matrices and appendices of each of these codes therein; and
WHEREAS, based upon the findings contained within and adopted concurrently with this Ordinance, the City Council has found that certain modifications and additions to the California Building Standards Code and Fire Code are reasonably necessary based upon local climatic, geological and topographical conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: RECITALS
The City Council finds the foregoing recitals to be true and correct and hereby incorporates those recitals into this Ordinance.
Section 2: PURPOSE AND INTENT
It is the purpose and intent of this Ordinance to adopt the local amendments to the 2022 California Green Building Standards Code (Title 24, Part 11) that provide local, cost effective standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2022 California Green Building Standards Code to achieve energy savings, reduce local pollution, reduce greenhouse gas emissions, and address unique local climatic, geological, and topographical conditions and to adopt local amendments to the 2022 Fire Code related to fire suppression in existing single family and duplex buildings (R-3 occupancies) to address Alameda’s unique island geography with limited access for mutual aid.
Section 3: LOCAL AMENDMENTS TO CALIFORNIA BUILDINGS STANDARDS CODE
Article I (UNIFORM CODES RELATING TO BUILIDNG, HOUSING AND TECHNICAL CODES) of Chapter XIII (BUILDING AND HOUSING) of the Alameda Municipal Code, is hereby amended as follows (underlined for additions and strike through for deletions; otherwise, no change):
13-1 ALAMEDA ADMINISTRATIVE CODE
13-1.1 - Adoption of the Alameda Administrative Code.
Chapter 1, Division II Scope and Administration of the California Building Code, 2022 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Administrative Code.
13-1.2 - Copy of Alameda Administrative Code
A copy of the Alameda Administrative Code shall be maintained by the Building Official for use and examination by the public.
13-2 - ALAMEDA BUILDING CODE
13-2.1 - Adoption of California Building Code.
The California Building Code, 2022 Edition, published by the California Building Standards Commission, including Appendix Chapter I, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Building Code.
13-2.2 - Copy of California Building Code.
A copy of the California Building Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-3 - ALAMEDA RESIDENTIAL CODE.
13-3.1 - Adoption of California Residential Code.
The California Residential Code, 2022 Edition, published by the California Building Standards Commission, including Appendix Chapters G, H are adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Residential Code.
13-3.2 - Copy of California Residential Code
A copy of the California Residential Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-4 - ALAMEDA HISTORICAL BUILDING CODE.
13-4.1 - Adoption of California Historical Building Code.
The California Historical Building Code, 2022 Edition, published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Historical Building Code.
13-4.2 - Copy of California Historical Building Code.
A copy of the California Historical Building Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-5 - ALAMEDA ELECTRICAL CODE.
13-5.1 - Adoption of California Electrical Code.
The California Electrical Code, 2022 Edition, published by the National Fire Protection Association, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Electrical Code.
13-5.2 - Copy of California Electrical Code.
A copy of the California Electrical Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-6.1 - Adoption of California Plumbing Code.
The California Plumbing Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials, including Appendix Chapters A, B, D through G, I and L, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Plumbing Code. Any conflicts between the requirements contained in the Current Alameda Plumbing Code Chapter I, Division II Administration and the 2022 Alameda Administrative Code shall be controlled by the latter.
13-6.2 - Copy of California Plumbing Code.
A copy of the California Plumbing Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-7 - ALAMEDA MECHANICAL CODE.
13-7.1 - Adoption of California Mechanical Code.
The California Mechanical Code, 2022 Edition, including Appendix Chapter A, published by the International Association of Plumbing and Mechanical Officials, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Mechanical Code. Any conflicts between the requirements contained in the 2022 Alameda Mechanical Code Chapter I, Division II Administration and the 2022 Alameda Administrative Code shall be controlled by the latter.
13-7.2 - Copy of California Mechanical Code.
A copy of the California Mechanical Code, 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-8 - ALAMEDA HOUSING CODE.
13-8.1 - Adoption of Uniform Housing Code.
Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Housing Code. With respect to residential structures, Health and Safety Code Division 13, 1.5, Section 17920.3, et seq., known as the State Housing Law, supersedes the applicability of the Uniform Housing Code to the degree of any conflict between the State Housing Law and either of the building standards.
13-8.2 - Copy of Uniform Housing Code.
A true copy of the Uniform Housing Code, 1997 Edition shall be maintained by the Building Official for use and examination of the public.
13-9 - ALAMEDA CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS.
13-9.1 - Adoption of Uniform Code for the Abatement of Dangerous Buildings.
Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Code for the Abatement of Dangerous Buildings.
13-9.2 - Copy of Uniform Code for the Abatement of Dangerous Buildings.
A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition shall be maintained by the Building Official for use and examination by the public.
13-10 - ALAMEDA GREEN BUILDING STANDARDS CODE.
13-10.1 - Adoption of California Green Building Standards Code.
The California Green Building Standards Code, the 2022 Edition published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Green Building Standards Code
13-10.2 - Copy of California Green Building Standards Code.
A copy of the California Green Building Standards Code, the 2022 Edition shall be maintained by the Building Official for use and examination by the public.
13-10.3 - Modifications, Amendments and Deletions to the California Green Buildings Standards Code.
Notwithstanding any provisions of the 2022 California Energy Code, 2022 California Green Building Standards Code, or other codes adopted by any Chapter in the Alameda Municipal Code to the contrary, the local amendments to the Green Building Standards Code set forth in this Section shall apply and are hereby amended as follows (underlined for additions and strike through for deletions):
CHAPTER 2 - DEFINITIONS
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
CHAPTER 4 - RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN SECTION 4.106 SITE DEVELOPMENT
4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to facilitate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements. Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the Building Official.
Exception:
1. The Building Official may grant a modification to the requirements set forth herein, if s/he finds: (1) there is no all-electric prescriptive compliance pathway for the building under the Energy Code, and (2) the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method. The applicant shall comply with Section 4.106.5.2.
Alameda shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
2. Newly constructed buildings with a valid planning entitlement or Development Agreement approved prior to July 1, 2021 shall be exempt.
3. Existing appliances that are not included in the scope of the qualifying alteration.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
CHAPTER 5 - NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT
5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate installation of electric heating appliances.
5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Commercial food heat-processing equipment in nonresidential buildings located in a place of public accommodation, as defined in the California Building Code Chapter 2.
2. Non-electric space heating and process systems in newly constructed buildings containing occupancies F, H, or L. To take advantage of this exception applicant shall provide third party verification approved by the City that All-Electric process system requirement is not cost effective or feasible.
3. The Building Official may grant a modification to the requirements set forth herein, if s/he finds: (1) there is no all-electric prescriptive compliance pathway for the building under the Energy Code, and (2) the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method. The applicant shall comply with Section 5.106.13.2
Alameda shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
13-11 - ALAMEDA ENERGY CODE.
13-11.1 - Adoption of California Energy Code.
The California Energy Code, the 2022 Edition published by the California Building Standards Commission, is adopted by reference and made a part hereof as if fully set forth herein at length, and shall be known as the Alameda Energy Code.
13-11.2 - Copy of California Energy Code.
A copy of the California Energy Code, the 2022 Edition shall be maintained by the Building Official for use and examination by the public.
Section 2: Section 15-1 (ALAMEDA FIRE CODE) of Chapter XV (FIRE PREVENTION) of the Alameda Municipal Code, is hereby amended as follows (in redline; otherwise, no change):
15-1.1 - Adoption of the California Fire Code.
Except as hereinafter provided, the 2022 Edition of the California Fire Code, including Appendix Chapters 4, B, C, D, E, F, G, H, I, K and O, and the International Fire Code published by the International Code Council, being particularly the 2022 Edition thereof and the whole thereof, is adopted by reference and made a part hereof as if fully herein at length, and shall be known as the Alameda Fire Code.
15-1.3 - Modifications, Amendments and Deletions to the California Fire Code.
Notwithstanding any provisions of the California Fire Code, California Building Standards Code, State Housing Law or other codes adopted by any Chapter in Article VIII of the Municipal Code to the contrary, the following local amendments shall apply.
a. California Fire Code, Current Edition, Section 1103.8.5.1 is amended to read as follows:
Additions to Existing R-3 Occupancies. Notwithstanding the foregoing, additions or additions to R-3 occupancies shall be required to provide an automatic fire extinguishing system (AFES) throughout the entire building it the proposed alteration or addition includes replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished space. For purposes of floor area calculations, Group U (attached private garages or similar) occupancies shall be included in the floor area calculation.
Section 3: Findings of Certain Local Climatic, Geographical, or Topographical conditions
Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council finds that the modifications of the 2022 Edition of the California Green Buildings Standards Code and the 2022 Fire Code is reasonably necessary because of certain local climatic, geographical, or topographical conditions existing in the City of Alameda, which are more specifically described as follows:
Climatic: The City is located in Climate Zone 3 in the 2022 Edition of the California Energy Code. Alameda is already experiencing the repercussions of excessive greenhouse gas emissions including increased temperatures and more extreme weather events, decreased precipitation, and impacts of increased wildfire risk. These climatic conditions, along with the greenhouse emissions generated from structures in both the residential and non-residential sectors, lead to severe environmental impacts and accordingly require Alameda to exceed the energy standards for building construction established in the 2022 Edition of the California Buildings Standards Code. The City Council adopted a Climate Action and Resiliency Plan that has a goal of reducing greenhouse gas emissions 50% below 2005 levels by 2030. In order to make progress in achieving this goal, the City needs to adopt policies and regulations that reduce the use of fossil fuels that contribute to climate change, such as natural gas in buildings, in new and existing development. Burning natural gas to heat buildings releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. These conditions contribute to sea level rise and increasingly destructive wildfires, affecting the City’s shoreline and infrastructure, in addition to the health of its residents. Additionally, Alameda Municipal Power provides 100% clean energy, allowing all-electric buildings to be carbon free in their operations.
Seismic/Geologic: Alameda is subject to earthquake hazard caused by its proximity to both the Hayward and San Andreas faults. Both of these faults are considered active faults which may rupture at any time. The USGS estimates that an earthquake greater than magnitude 6.7 has a 72 percent chance of occurring in the Bay Area before 2043. An earthquake on one of these faults will likely result in widespread liquefaction damaging buildings and buried infrastructure. Reducing the reliance on natural gas in new construction will decrease the risk of fires when gas lines rupture and break or gas appliances topple in earthquakes. Restoring full natural gas service following a major earthquake may take up to six months, compared to about two weeks for electricity. Furthermore, proximity to several earthquake faults, including the Hayward and San Andreas faults make buildings and structures vulnerable to structural ruptures and subsequent fires. Many of the buildings and structures in Alameda include relatively old housing stock and unique historic commercial buildings that were generally constructed without the benefit of modern Building Code requirements to strengthen them against seismic events. The likelihood of occurrence of secondary effects due to ground shaking in Alameda is high due to underlying soil conditions in Alameda, such as artificial fill, bay mud, and expansive soils. The entire municipal water supply for the City of Alameda is transported via three aqueducts which are vulnerable to earthquake and tidal flooding. Major fires resulting from the rupture of local gas or electric lines during an earthquake could be severely compounded by water main failures and substandard fire protection systems in older buildings.
Topographic: The City of Alameda is a low-lying island in the San Francisco Bay, with a rising groundwater table associated with sea level rise which can cause flooding and damage buried infrastructure. As an island community with access dependent upon bridges and underwater tubes that could make access in the event of a disaster a challenge. With access dependent upon bridges and underwater tubes which are not expected to survive a major seismic event, Alameda could be completely isolated from outside assistance, exacerbating fire and life safety concerns.
Section 4: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
Section 5: CEQA DETERMINATION
Adoption of the Ordinances amending the AMC is not a project under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed amendments would clarify procedural aspects related to the implementation of locally adopted building and other related codes.
As a separate and independent basis, adoption of the Ordinances amending the AMC is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 6: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 7: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
______________________________
Presiding Officer of the City Council
Attest:
________________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th day of December 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 21st day of December 2022.
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Lara Weisiger, City Clerk City of Alameda |
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APPROVED AS TO FORM: |
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Yibin Shen, City Attorney City of Alameda |
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