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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2013-135 <br /> RESOLUTION FINDING AND DETERMINING THE NEED FOR AMENDMENTS TO <br /> PROVISIONS IN THE STATE-MANDATED CALIFORNIA BUILDING STANDARDS CODE <br /> TO BE ADOPTED BY REFERENCE IN THE SAN LEANDRO MUNICIPAL 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 applicable <br /> to all occupancies throughout the state and effective one hundred and eighty days after publication <br /> by the California Building Standards Commission (the Commission), or at a later date established <br /> 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 provisions <br /> of the California Building Standards Code to make such changes in such provisions as the city <br /> determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because <br /> 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 that <br /> 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; 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 /> WHEREAS, the City Council has reviewed the reasons for the previous changes to the <br />