CITY OF CARMEL-BY-THE-SEA Counci l Report March 4, 2014

To:
From: Submitted by: Subject:

Honorable Mayor and Members of the City Counci l Jason Stilwell, City Administrator Rob Mullane, AICP, Community Planning and Bui lding Director Consideration of an Ordinance (First Reading) amending Title 15 of the Carmel Municipal Code to reflect the previous adoption of the 2013 California Energy and Mechanical Codes

Recommendation:

Conduct first reading of the attached ordinance.

Executive Summary: On December 3, 2013, the City Council adopted an ordinance adopting

the 2013 California Building and Related Codes along with local amendments. Subsequent to that adoption, staff noted two unintended references to the 2010 California Code that should be updated to reference the 2013 California Code. An ordinance to make these two minor revisions is included as Attachment A.
Environmental Determination:

The City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 ("CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, and because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

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Fiscal Impact:

There are no direct costs with adopting the new codes or for this minor revision to Title 15.

Previous Council Action/Decision History:

On December 3, 2013, the City Council adopted an update of Titles 8 and 15 to reflect the adoption of the 2013 California Building and Related Codes. That Ordinance (No. 2013-07} took effect on January 2, 2014.
Attachment:

Attachment "A"- Draft Ordinance

Reviewed by:

City Administrator Asst. City Admin. Public Safety Dir

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City Attorney Dir of CPB Library Dir

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Administrative Services Dir of Public Svcs Other

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Attachment A

CITY OF CARMEL-BY-THE-SEA CITY COUNCIL ORDINANCE NO. 2014-

AN ORDINANCE AMENDING TITLE 15 OF THE CARMEL MUNICIPAL CODE TO REFLECT THE PREVIOUS ADOPTION OF THE 2013 CALIFORNIA ENERGY AND MECHANICAL CODES
WHEREAS, the City of Carmel-by-the-Sea has adopted the California Codes promulgated by the International Codes Committee related to buildings and construction and does so when the State of California adopts new or revised editions; and WHEREAS, the new 2013 California Codes were adopted by the State of California under the International Code Committee and the California Building Standards Commission as the new codes for this state; and WHEREAS, on December 3, 2013, the City Council adopted the 2013 California Building and Related Codes; and WHEREAS , specific sections of Title 15 reference the year of the latest Code amendment, and hence, should note 201 3 for the California Energy and Mechanical Codes. THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN, AS FOLLOWS: Section One. Title 15 of the Municipal Code of the City of Carmel-by-the-Sea is here-by amended as follows:
Chapter 15. 20, 15. 20. 0 I 0 of the Carmel Municipal Code is hereby amended as follows:

The Wl--0-2013 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.0-J. CMC. (Ord. 2013-07 1 (Exh. A), 2013; Ord. 2010-05 l (Exh. A), 2010; Ord. 2008-02 1, 2008; Ord. 2003-03 2, 2003; Ord. 99-04 (Exb. B), 1999; Ord. 96-1 1, 1996; Ord. 9224, 1992; Ord. 89-29 1, 1989; Code 1975 1131.0).
Chapter 15.36, 15.36.010 of the Carmel Municipal Code is hereby amended as follows:

The ;w..w.-20 13 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title
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as the electrical code for the City, except as amended in this chapter and in Chapter 15 .04 CMC. (Ord. 2013-07 1 (Exh. A), 2013; Ord. 20 10-05 I (Exh. A), 20IO; Ord. 2008-02 1, 2008; Ord. 2003-03 2, 2003 ; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 I, 1996; Ord. 91-1 1, 1991; Code 1975 1161.0). Section Two. If any section, subsection, or part of this Ordinance is held to be invalid or unenforceable, all other sections, subsections, or parts of subsections of this ordinance shall remain valid and enforceable. Section Three. Effective Date. This Ordinance shall be in full force after its final passage and adoption with an effective date of May 8, 2014. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this_ day of _ _ 2014, by the following roll call vote:

A YES: NOES: ABSENT: ABSTAIN:

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

SIGNED: ATTEST: Jason Burnett, Mayor Daryl Betancur, CMC Deputy City Clerk

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