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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> <br />RESOLUTION NO. 2022- <br /> <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL FINDING AND <br />DETERMINING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE STATE- <br />MANDATED CALIFORNIA BUILDING STANDARDS CODE TO BE ADOPTED BY <br />REFERENCE IN THE SAN LEANDRO MUNICIPAL CODE (MAKES THE FINDINGS <br />THAT MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE ARE <br />REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGIC, OR <br />TOPOGRAPHICAL CONDITIONS, IN ACCORDANCE WITH CALIFORNIA HEALTH <br />AND SAFETY CODE SECTION 17958.7) <br /> <br />WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California <br />Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies <br />throughout the state and effective one hundred and eighty days after publication by the California Building <br />Standards Commission (the Commission), or at a later date established by the Commission; and <br /> <br />WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of <br />the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 <br />and 17958.7; and <br /> <br />WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of <br />the California Building Standards Code to make such changes in such provisions as the city determines, <br />pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, <br />geological, or topographical conditions; and <br /> <br />WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes <br />pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are <br />reasonably necessary because of local climatic, geological or topographical conditions; and <br /> <br />WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and <br />Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have <br />been filed with the California Building Standards Commission; and <br /> <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 /> <br /> <br />WHEREAS, the City Council of the City of San Leandro (the City Council) intends to adopt <br />ordinances adopting by reference provisions of the California Building Standards Code; <br />andWHEREAS, such ordinances incorporate changes to the California Building Standards Code pursuant <br />to Health and Safety Code Section 17958.5; and <br /> <br />WHEREAS, certain of such changes have been previously filed with the California Building <br />Standards Commission pursuant to Health and Safety Code Section 17958.7; and