2023/04/25 City Council Ordinance 975 ORDINANCE NO. 975
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
AMENDING ORDINANCE NO. 971 TO ADD FINDINGS FOR THE ADOPTION OF
CALIFORNIA BUILDING STANDARDS CODE—EXISTING BUILDING CODE
APPENDIX A4 AND FIRE CODE APPENDICES E, F, G, I,J, K, L AND 0
WHEREAS, the City is responsible for local enforcement of the California Building
Standards Code, also known as Title 24 of the California Code of Regulations;
WHEREAS, a triennial edition of the California Building Standards Code is published by
the California Building Standards Commission approximately every three years based upon model
codes specified in the California Health and Safety Code;
WHEREAS, local jurisdictions responsible for enforcement of the California Building
Standards Code must enact local administrative regulations in order to implement the California
Building Standards Code;
WHEREAS, on July 1, 2022, the California Building Standards Commission published
the 2022 California Building Standards Code;
WHEREAS, on January 1, 2023, the building standards and regulations contained in the
2022 California Building Standards Code become effective and applicable throughout the State of
California;
WHEREAS, local amendments may be adopted by the City of Rohnert Park to the
California Building Standards Code pursuant to the California Health and Safety Code due to
climatic, geological, or topographical local conditions;
WHEREAS,on November 22,2022,the City Council of the City of Rohnert Park adopted
its Ordinance No. 971 which adopted by reference the 2022 California Building Standards Code
with Local Amendments including Appendix A4 to the Existing Building Code and Appendices
E, F, G, I, J, K and 0 of the Fire Code;
WHEREAS,the California Building Standards Commission has notified the City that it is
requiring additional findings to support the adoption of Appendix A4 to the Existing Building
Code and Appendices E, F, G, I J, K, L and 0 of the Fire Code.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. AMENDMENT OF ORDINANCE NO. 971. Section 1 of Ordinance No. 971 is
hereby amended to add findings 11-13 to Section 1.D,with Section 1 of Ordinance No. 971 reading
in entirety as follows:
SECTION 1. Findings.
The City Council finds that:
A. The City is authorized and required to adopt the California Building Standards Code by
reference pursuant to Health and Safety Code section 17922 and 17958, and has taken all
actions required to do so pursuant to Government Code Section 50022.2.
OAK#4877-3105-6722 vl
B. In accordance with CEQA Section 15061(b)(3), this is not a project subject to CEQA in
that there is no possibility that the activity in question may have a significant effect on the
environment.
C. This ordinance is enacted pursuant to Health& Safety Code Sections 17958.5 and 17958.7
and Government Code Section 50022.2 to make local amendments to the California
Building Standards Code.
D. As required Health and Safety Code 17958.7(a),the Appendices adopted by this ordinance
and as described in Chapter 15.24.020 and 15.28.010 are necessary for the protection of
the public health, safety and welfare due to the local climatic, geologic or topographical
conditions as described in findings 1 through 13 below.
1. Modification of California Building Code (CBC) Section 105.2 is necessary
because the City's topographic development pattern of residential parcels on
relatively small lots necessitates the ability for some property owners to install
screening fences in order to preserve private enjoyment of their property.
2. Modification to CBC Sections 107.2.9 and 110.7 are necessary because of the
City's topographic development pattern utilizing master home plans. The ability of
the building official to secure photographic evidence and mitigate concealed
construction is necessary to ensure safe and consistent implementation of approved
plans.
3. Modification of CBC Section 420.17 and 1503.6 is necessary because the City is
underlain by highly expansive soils with shrink-swell potential that can damage
building foundations and concrete slabs. Rain gutters, downspouts, rain leaders,
splash blocks and concrete landings all provide a means to keep rainwater away
from foundations and slabs and minimize the potential for the underlying expansive
soils to damage structures.
4. Modification of CBC Section 502 and California Fire Code (CFC) Sections 505.1,
505.1.1, 505.1.2, and 505.1.3 is necessary because the City's pattern of thick
seasonal fog coupled with its many street cul-de-sacs and multi-family complexes
and the distance between emergency response facilities require street numbers on
buildings to be clearly visible at all hours in order to support emergency response.
5. Modification of CBC Section 1705.13.10 is necessary because the City is located
near several known, active seismic faults that have a history of and the potential to
cause severe ground movement,ground shaking,ground failure, land siding, lateral
spreading and ground liquefaction. The design features that allow buildings to resist
seismic damage are highly specialized and require special inspection expertise to
ensure the design is implemented properly.
6. Modification of CBC Sections 1808.6.2.1 and 1907.2 is necessary because the City
is underlain by highly expansive soils and a high groundwater table, subjecting
concrete slabs to locally unique foundation conditions. Minimum standards for
engineered subgrade and slab reinforcement allow concrete slabs to better resist
these soil conditions.
7. Modification of California Residential Code (CRC) Section R313.2.2, and CFC
Ordinance No 975
Page 2 of 5
Sections 101.6, 202, 901.7, 902.1, 903.2, 903.2.22-24, 903.3, 903.3.1.1,
903.3.1.1.1, 903.3.1.2, 903.3.1.3.1, 903.4, 903.4.1, 907.2, 907.2.8.1, 907.6.6,
907.9.1, is necessary because the City is bisected by Highway 101 and the Sonoma
Marin Area Rail Transit (SMART) rail corridor. The railroad and freeway create
barriers,which obstruct traffic patterns and delay response time for fire equipment.
In addition,the City is located near several active seismic faults that have a history
of and the potential to cause severe ground movement, ground shaking, ground
failure, land siding, lateral spreading and ground liquefaction, which can damage
infrastructure and delay response time. This creates the need for conservatively
designed fire alarm and sprinkler systems which ensure rapid notice to emergency
responders and ability to contain and suppress fires with sprinklers onsite. These
conditions also create a need to ensure that emergency responders are not
consistently called to false alarms.
8. Modification of CRC Sections R408.1, R806.1, and R902.1 and CFC Sections
304.1.2, 304.1.2.1, 304.1.2.2, 308.1.9, 507.5.1, 507.5.1.1, Appendix B Section
B105.1, Section B105.2, including Table B105.2, Appendix C Section C103.3,
Appendix D Sections D103.2, D103.3, D103.4, D103.6, D106.1 and D106.2 is
necessary because the City located at near the urban wildland interface and
bordered on all sides by undeveloped community separator lands,which are crossed
by overhead power lines. During the summer and fall months the combination of
dry vegetation and seasonally high winds and temperatures have historically and
are expected to continue to produce conditions where wildfires can occur.
Modifications to the CRC to improve the fire resistance of residential construction
help protect homes against embers from wildfires. Modifications to the CFC to
ensure neighborhood vegetation is cleared helps minimize the spread of wildfires.
Modifications to the CFD to increase the accessibility of fire fighting infrastructure
including on and offsite fire hydrants,increased water flow and pressure and streets
that can accommodate fire fighting equipment support the city's ability to fight
wildfire.
9. Modification of California Electrical Code (CEC) Section 230.79(E) is necessary
because the City is bisected by Highway 101 and the SMART rail corridor. The
railroad and freeway create barriers, which obstruct traffic patterns. Upgrading
ageing and undersized electrical systems, when appropriately triggered, minimizes
the risk of fire,which is exacerbated by the local conditions topographic conditions
that delay emergency response.
10. Modification of California Plumbing Code (CPC) Sections 301.2.6 and 604.1 is
necessary because the soils within the City are considered acidic, creating a
deleterious effect on metal piping placed underground.
11. Adoption of the CBC Existing Building Code Appendix A4 is necessary because
the City is located near several known, active seismic faults that have a history of
and the potential to cause severe ground movement,ground shaking,ground failure,
land siding, lateral spreading and ground liquefaction. The standards in the
appendix ensure that risk of earthquake damaged is minimized when existing wood
frame buildings are modified.
Ordinance No 975
Page 3 of 5
12. Adoption of CFC Appendix J is necessary because the City's pattern of thick
seasonal fog coupled with its many street cul-de-sacs and multi-family complexes
and the distance between emergency response facilities require adequate building
information signs to support emergency response.
13. Adoption of CFC Appendices E, F, G, I, K, and L is necessary because the City is
bisected by Highway 101 and the Sonoma Marin Area Rail Transit (SMART) rail
corridor. The railroad and freeway create barriers, which obstruct traffic patterns
and delay response time for fire equipment. In addition, the City is located near
several active seismic faults that have a history of and the potential to cause severe
ground movement, ground shaking, ground failure, land siding, lateral spreading
and ground liquefaction,which can damage infrastructure and delay response time.
This creates the need for the Fire Marshal to maintain and have access to adequate
inventories of hazardous and flammable materials and to enforce certain minimum
construction standards to ensure emergency responders have the information and
ability to contain fires.
While the adoption of the amendments to the California Building Standards Code and the
adoption of Ordinances may not prevent the incidence of fire or potential building hazards,
it is noted the implementation of these various amendments will reduce the severity and
potential loss of life and loss of property.
The following revisions to the Rohnert Park Municipal Code are made based on the
findings set forth above and the record of proceedings for consideration of this
Ordinance.
SECTION 2. ADOPTION OF APPENDIX A4 OF THE CALIFORNIA EXISTING
BUILDING CODE AND APPENDICES E, F, G,I,J,K, L,AND 0 OF THE CALIFORNIA
FIRE CODE
In accordance with Health and Safety Code section 17922 and 17958, the City Council hereby
reaffirms the provisions of Ordinance No. 971 adopting Appendix A4 to the 2022 California
Existing Building Code and Appendices E, F, G, I J, K, L and 0 of the 2022 California Fire Code,
based on the findings set forth above,and to the extent required by Health and Safety Code section
17922 and 17958, hereby readopts those provisions to read as presently codified in Rohnert Park
Municipal Code sections 15.24.020 and 15.28.010.
SECTION 3. SEVERABILITY
Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
In accordance with Health and Safety Code section 18941.5, this ordinance shall take effect 30
days after adoption. However, where applications and plans for building have been filed and are
pending for building permits prior to the effective date of this Ordinance, the applicant may
proceed with construction in compliance with the applicable California Building Standards Codes,
as previously adopted and amended by any applicable ordinance of the City of Rohnert Park, but
Ordinance No 975
Page 4 of 5
only to the extent that the issuance of such permit is required by Health and Safety Code section
18938.5 and any other applicable law.
SECTION 5. PUBLICATION
The Clerk shall cause this ordinance to be published in the manner required by law.
SECTION 6. FILING WITH BUILDING STANDARDS COMMISSION
The Clerk shall cause a certified copy of this Ordinance to be filed with the California Building
Standards Commission in the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park on March 23,2023
and DULY AND REGULARLY ADOPTED this 25th day of April 2023 by the following roll call
vote:
AYES:�S)C rW Irne cbtx-S E1wCud,Gamic.•-, Santo-n,Vhcx Mcu.{cr No1‘o�sWa ih Adam Mcui°Y due
NOES:(A)
ABSENT:(Z)
ABSTAIN:Co)
CITY OF ROHNERT PARK
•nguez, May•
ATTEST:
Elizabet Machado, Assistant City Clerk
AP VED S O F .
Miche e M. Kenyon, City Attorney
Ordinance No 975
Page 5 of 5
DEPARTMENT OF GENERAL SERVICES CALIFORNIA GOVERNOR GAVIN NEWSOM
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916
April 27, 2023
City of Rohnert Park
City Clerk’s Office
Sylvia Lopez Cuevas, CMC, CPMC – City Clerk
130 Avram Ave
Rohnert Park, CA 94928
slopez@rpcity.org
Re: Ordinance # 971 & 975(Addendum to 971)
Dear Ms. Cuevas:
The purpose of this letter is to provide the determination of the California Building Standards Commission
(CBSC) following review of the ordinance referenced above with express findings received from City of
Rohnert Park on 11/23/22.
Our review finds the submittal to contain 2 ordinances modifying provisions of the 2022 California Building
Standards Code, Title 24, California Code of Regulations (Title 24), including express findings and expressly
marked modifications in compliance with Health and Safety Code (HSC) Sections 17958.7 and 18941.5. The
code modifications are accepted for filing. This letter attests only to the satisfaction of the cited law for filing
of expressly marked local code amendments supported by express findings with CBSC. CBSC is not
authorized by law to evaluate the merit of the findings.
Local modifications to the code are specific to each edition of the code. Local modifications must be
readopted and filed with CBSC for each subsequent triennial edition of the code to remain in effect.
Additional information: Fire Protection District ordinances making modifications to Title 24, HSC Section
13869.7 requires such ratified ordinances and express findings to be filed with the Department of Housing
and Community Development, Division of Codes and Standards, State Housing Law Program, rather than
CBSC. Ordinances making modifications to the energy efficiency and conservation provisions in the
California Energy Code, Part 6 of Title 24, may require approval from the California Energy Commission
pursuant to Public Resources Code Section 25402.1(h)(2).
If you have questions or need further information, you may contact me at (916) 263-0916.
Sincerely,
Brandon Estes
Associate Construction Analyst
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
) ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 975.
Ordinance No. 975, an Ordinance of the City Council of the City of Rohnert Park,
Amending Ordinance No. 971 To Add Findings For The Adoption Of California
Building Standards Code — Existing Building Code Appendix A4 And Fire Code
Appendices E, F, G, 1, J, K, L And 0 was published on 04/14/2023 and 04/28/2023 as
required by law, and posted in five (5) public places in said City, to:
www.rpcity.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 04/14/2023 and 04/28/2023.
The summary of Ordinance No. 975 was published in the Community Voice on 04/14/2023
and 04/28/2023 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this July 12, 2023
Karen Mack, Office Assistant
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN APR 2 0 2023
"The Community VOICE" s9'd Y CLERK
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 975
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof, and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 975" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 141 day of April, 2023 and ending on the 141 day of April, 2023.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 141 day of April, 2023at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
SUMMARY OF ORDINANCE NO. 975 OF
THE CITY OF ROHNERT, PARK, CALIFORNIA,
AMENDING ORDINANCE NO.971 TO ADD FINDINGS FOR THE ADOPTION OF
CALIFORNIA BUILDING STANDARDS CODE — EXISTING BUILDING CODE
APPENDIX A4 AND FIRE CODE APPENDICES E, F, G, I, J, K, L AND 0
j, Purwant to Govornmant Goda Ssptlon 69331e1, the following constitutes a summary
jnance No. 975 Introduced by the Rohnert Park City Council on March 28, 2023,
t scheduled for conslderallon of adoption on April 25, 2023 at its meeting to be hold
In the City Counc€I Chambers,130 Avram Avenue, Rohnert Park, California, Meeting de-
tails will be posted at least 72 hours prior to the Meeting and can be found on the City's
Wobsite at https:llwww.rpcity.orglcity_halGslty_eouncillmeeting_central
The purpose of Ordinance No. 975 is to adopt add itlonaI findings that support the
City's adoption of voluntary appendices to the Cal [fom[a Sui[ding Standards Code - Ex-
leifng Bull ding Code Appendix A4 and Fire Code Appendices E, F, G, I, J, K, L and 0.
This ordinance Is enacted pursuant to and In compliance with Health & Safety Code
Sections 17558.5, 17953.7, and as expressly permitted in Government Cade Soctlon
50022.2to make local amendments toIhe California Building Standards Code.
A certlfled copy of the full text of Ordinance 975 Is posted and available for review at
City Hall at 130 Avram Avenue, Rohnert Park, California and on the city's website at
httpsJif inyurl.comlRP-Notices-and-Public-Hearings Copies are also available for review
In the Development Services Department at the same address.
This ordinance shall be In full force and effectivd 30 days after adopt Eon, and shall
he published and posted as required by law. This ordinance was introduced by the Coun-
cIl of the City of Rohnert Park on March 28. 2023 and Is scheduled for consideration of
adoption on April 25, 2023.
DATED: April 12, 7023 x Sylvia Lopez Cuevas
City Cork
Publish Data: April 14. 2023 II Uy of Rohnert Park
The Community Voice
ROHNERT PARK
MAY -- 5 2023
CERTIFICATION OF PUBLICATION IN
"The Community VOICE" CITY CLERK
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 975
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 975" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 281 day of April, 2023 and ending on the 281 day of April, 2023.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 28th day of April, 2023at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
SUMMARY OF ORDINANCE NO. 975
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
AMENDING ORDINANCE NO.971 TO ADD FINDINGS FOR THE ADOPTION OF
CALIFORNIA BUILDING STANDARDS CODE — EXISTING BUILDING CODE
APPENDIX A4 AND FIRE CODE APPENDICES E, F, G, I, J, K, L AND 0
Pursuant to Government Code Section 36933 (c), the following constihrtes a summary
of 0rdInance No. 975 introduced by the Rohnert Park City CaunclI on march 28, 2023,
and adopted on April 25, 2023 at its meeting Iteld in the City Council Chambars, 130
Avram Avenue. Rohnert Park, California.
The purpose of Ordinance No. 975 is to adopt additional findings that support the
City's adoption Ofvohrntmappend icesto the Cailfornia Building Standards Code —Ex-
Isting 8oil ding Code Appendix AA and Fire Cede Append ices E, F. G, I, J. K, L and 0,
This ordinance is enaelod pursuant to and in compliancewith Health & Safety Coda
Se Ofons 17958.5. 17958.7, and as expressly permitted In Government Code Section
50022.2 to make local amendments to the California Building Standards Coda.
A certified copy of the full text of Ordinance 975 is posted and available for rev law at
City Hall at 130 Avram Avenue, Rohnert Park, California and on tha city's webslte at
https:fltlnyurl.comlRP-Notices-and-Putill c-Hearings Copies are also available for roaiow
In the Development Services Department at the same address.
Thls ordinance shall be ]n full farce and offectivo 30 days after adoption, and she11
be published and pasted as raquired by law. This ordinance was introduced by the Coun-
cll of the Clly of Rohnort Park on March 28, 2023 and adopted on April 25, 2023 by the
following roll call vote:
AYES: (5) Councllmembers Elward, Gludice, and Sanborn,
Vice Mayor Hollingsworth Adams, and Mayor Rodriguez
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (0) None
DATED: April 26, 2023 = , Sylvia Lopez Cuevas
City Clerk
Publish Date: April 28, 2023 City of Rohnert Park
Tha Comm unity Voice