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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2007-130 (1076) <br />A RESOLUTION FINDING AND DETERMINING THE NEED FOR AMENDMENTS TO <br />PROVISIONS IN THE STATE-MANDATED CALIFORNIA BUILDING STANDARDS <br />CODE TO BE ADOPTED BY REFERENCE IN THE SAN LEANDRO MZ7NICIPAL CODE <br />WHEREAS, Health and Safety Code Section 18938 makes provisions published in the <br />California Building Standards Code pursuant to Health and Safety Code Section 17922 <br />applicable to all occupancies throughout the state and effective one hundred and eighty days after <br />publication by the California Building Standards Commission (the Commission), or at a later <br />date established by the Commission; and <br />WHEREAS, Health and Safety Code Section 17958 permits cities to amend the <br />requirements of the California Building Standards Code in accordance with Health and Safety <br />Code Sections 17958.5 and 17958.7; and <br />WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting <br />provisions of the California Building Standards Code to make such changes in such provisions as <br />the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably <br />necessary because of local climatic, geological, or topographical conditions; and <br />WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making <br />changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that <br />such changes are reasonably necessary because of local climatic, geological or topographical <br />conditions; and <br />WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health <br />and Safety Code Section 17958.5 may not become effective until the required findings, and the <br />changes, have been filed with the California Building Standards Commission; and <br />WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances <br />that adopt codes or statutes, including codes of the State of California, by reference; and <br />WHEREAS, the City Council of the City of San Leandro (the City Council) intends to <br />adopt ordinances adopting by reference provisions of the California Building Standards Code; <br />and <br />WHEREAS, such ordinances incorporate changes to the California Building Standards <br />Code pursuant to Health and Safety Code Section 17958.5; and <br />WHEREAS, certain of such changes have been previously filed with the California <br />Building Standards Commission pursuant to Health and Safety Code Section 17958.7; and <br />