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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 200-015 (1076) RESOLUTION FINDING AND DETERMINING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE STATE-MANDATED CALIFORNIA BUILDING STANDARDS CODE ADOPTED BY REFERENCE IN THE SAN LEANDRO MUNICIPAL CODE WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standards Code set forth in Ordinance No.2004-002, attached as Exhibit A, are reasonably necessary because of local climatic, geologic, or topographical conditions in accordance with Health and Safety Code Section 17958.7. In particular, the City Council finds that the City of San Leandro lies in the vicinity of the San Francisco Bay and is surrounded by large foothills. This basin has a tendency to trap particulate matter during the winter months on cold, clear nights when the use of wood burning appliances is at its highest. BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.