CITY OF CARMEL-BY-THE-SEA Council Report April 1, 2014

To: From: Submitted by: Subject:

Honorable Mayor and Members of the City Council Jason Stilwell, City Administrator Rob Mullane, AfCP, Community Planning and Building Director Consideration of an Ordinance (Second Reading) amending Title 15 of the Carmel Municipal Code to reflect the previous adoption of the 2013 California Energy and Mechanical Codes

Recommendation:

Conduct second reading of and adopt the attached ord inance.

Executive Summary: On December 3, 2013, the City Council adopted an ordinance adopting

the 2013 California Bu ilding and Related Codes along with focal amendments. Subsequent to that adoption, staff noted two unintended references to the 2010 California Code that should be updated to reference the 2013 California Code. An ordinance to make these two minor revisions is included as Attachment A. On March 4, 2014, the City Council introduced and passed onto second reading an ordinance to make these revisions.
Environmental Determination:

The City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 ("CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, and because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any

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reasonably

foreseeable

indirect

physical

change

on

or

in

the

environment, this matter is not a project.

Fiscal Impact:

There are no direct costs with adopting the new codes or for this minor revision to Title 15.

Previous Council Action/Decision History:

On December 3, 2013, the City Council adopted Ordinance No. 2013-07, which was an update of Titles 8 and 15 to reflect the adoption of the 2013 California Building and Related Codes. The City Council introduced and passed onto second reading the proposed ord inance on March 4, 2014.
Attachment:

Attachment "A"- Ordinance 2014-02

Reviewed by:

City Administrator - city Attorney Asst. City Admin . Public Safety Dir

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Administrative Services Dir of Public Svcs Other

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Dir of CPB Library Dir

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL ORDINANCE NO. 2014-02

AN ORDINANCE AMENDING TITLE 15 OF THE CARMEL MUNICIPAL CODE TO REFLECT THE PREVIOUS ADOPTION OF THE 2013 CALIFORNIA ENERGY AND MECHANICAL CODES
WHEREAS, the City of Carmel-by-the-Sea has adopted the California Codes promulgated by the International Codes Committee related to buildings and construction and does so when the State of California adopts new or revised editions; and WHEREAS, the new 2013 California Codes were adopted by the State of California under the International Code Committee and the California Building Standards Commission as the new codes for this state; and WHEREAS, on December 3, 2013, the City Council adopted the 2013 California Building and Related Codes; and WHEREAS, the City Council conducted introduction and first reading of this ordinance on March 4, 2014; and WHEREAS, the City Council conducted the second reading of this ordinance on April 1, 2014;and WHEREAS, specific sections ofTitle 15 reference the year of the latest Code amendment, and hence, should note 2013 for the California Energy and Mechanical Codes. THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN, AS FOLLOWS: Section One. Title 15 ofthe Municipal Code ofthe City of Carmel-by-the-Sea is here-by amended as follows:
Chapter 15. 20, 15. 20. 0 I 0 of the Carmel Municipal Code is hereby amended as follows:

The ~2013 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Ord. 2013-07 1 (Exh. A), 2013; Ord. 2010-05 1 (Exh. A), 2010; Ord. 2008-02 1, 2008; Ord. 2003-03 2, 2003 ; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 1, 1996; Ord. 9224, 1992; Ord. 89-29 1, 1989: Code 1975 1131.0).

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Chapter 15.36, 15.36. 010 of the Carmel Municipal Code is hereby amended as follows:
The ~2013 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.0-l CMC. (Ord. 2013-07 1 (Exh. A), 2013; Ord. 2010-05 1 (Exh. A), 2010; Ord. 2008-02 1, 2008; Ord. 2003-03 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 1, 1996; Ord. 91-1 1, 1991; Code 1975 1161.0). Section Two. If any section, subsection, or part of this Ordinance is held to be invalid or unenforceable, all other sections, subsections, or parts of subsections of this ordinance shall remain valid and enforceable. Section Three. Effective Date. This Ordinance shall become effective on the thirty-first (31st) day after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this _r_ day of April 2014, by the following roll call vote:

AYES: NOES: ABSENT: ABSTAIN:

COUNCILMEMBERS: COUNCIL MEMBERS : COUNCIL MEMBERS: COUNCIL MEMEBRS:

SIGNED: ATTEST: Jason Burnett, MAYOR Daryl A. Betancur, CMC Deputy City Clerk

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