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HomeMy WebLinkAbout02 RES NO 99-100 11-15-99AGENDA NO. 2 11-15-99 DATE: NOVEMBER 15, 1999 Inter-Corn TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT AND REDEVELOPMENT AGENCY STAFF RESOLUTION NO. 99-100, ORDINANCE 1203, GRADUATED COMPLIANCE PLAN FOR EXISTING BUILDINGS AND STRUCTURES AT MCAS TUSTIN SUMMARY Pursuant to Heahh and Safety Code Section 18941.9, a local agency affected by a federal base closure or realignment ma9, adopt an ordinance that allows a building or other structure located on a former milita~ base to comply with the State Building Code in a graduated manner over aperiod of no more than seven years #7 order to support rapid redevelopment and job creation while ensurh~g that a building or structure is not hazardous to life safety, health or sanitation~ RECOMMENDATION It is recommended that the CiW Council' 1. Adopt Resolution No. 99-100 approving a Graduated'Compliance Plan for Marine Corps Air Station (MCAS) Tustin: and, 2. Introduce and hold first reading of Ordinance No. 1_0_~, by title only. FISCAL IMPACT No fiscal impact. BACKGROUND/DISCUSSION The Department of Defense officially closed Marine Corps Air Station (MCAS) Tustin in July 1999. Civilian reuse at former military bases is problematic due to the fact that many existing buildings and structures were designed and constructed subject to federal building regulations and not the California Building Code. The costs associated with bringing these buildings up to code can be prohibitive and detrimental to the economic recover' desired for the area. Health and Safety Code Section 18941.9 allows a local agency affected by a base closure or realignment to adopt an ordinance that would permit occupancy and reuse of these buildings and structures with gradual compliance with the California Building Code and related regulations over a period of no more than seven (.7) years. Prior to approval of any graduated compliance plan. the Building Official and Fire Marshall must review and determine that the occupancy and reuse would not pose a threat to the life safety, fire safety, health or sanitation. City Council Report Graduated Compliance Plan November 15, 1999 Page 2 Pursuant to Section 18941.9, the following conditions must be met prior to adoption of an ordinance: 1. The buildings or structures must be leased or otherwise transferred by the federal government to the City. . o On November 1, 1999, a lease became effective between the City of Tustin and Department of Navy for property at MCAS Tustin. The City of Tustin anticipates additional leasing activity at MCAS Tustin before the end of the'year. A Graduated Compliance Plan must be prepared to ensure that the use of buildings and structures at MCAS Tustin and any graduated compliance with the California Building Codes will not be hazardous to life safety, fire safety, health, or sanitation as determined by the City's Building Official and Fire Marshall. A proposed Graduated Compliance Plan is provided for Council consideration as Exhibit 1; the City's Building Official and the Fire Marshall will make such determination prior to allowing occupancy. ' A licensed engineer, architect, or certified building inspector that does not work for the City of Tustin must review the Graduated Compliance Plan for its consistency with the Health and Safety Code Section 18941.9. A letter from Mr. Rick Brown, Building Official with the City of Costa Mesa, approving the proposed Graduated Compliance Plan, is attached as Exhibit 2. 4. The Graduated Compliance Plan must be adopted by the local agency. Resolution 99-100 approving the proposed Graduated Compliance Plan is attached as Exhibit 3. jl~Elizabeth A. Binsack Community Development Rdd.ccrepon.ord 1203.doc Christine Shinglet~~~~ Assistant City Manager Exhibit 1 GRADUATED COMPLIANCE PLAN Marine Corps Air Station (MCAS) Tustin I. INTRODUCTION AND PURPOSE Existing law requires the Department of Housing and Community Development to adopt and submit building standards for approval by the California Building Standards Commission and publication in the California Building Code and to adopt other specified regulations. These standards and regulations have been adopted by the Tustin City Council and are interpreted and enforced by the City of Tustin for property located within its jurisdiction. These standards and regulations include: the Uniform Building Code, 1997 Edition, as amended, Uniform Plumbing code, Uniform Mechanical Code, Uniform fire Code, National Electrical code, etc. (hereinafter referred to as the "California Building Codes"). Typically, construction at or on a federal military installation is not within the City of Tustin's jurisdiction. However, as a result of Base Realignment and Closure actions in 1991, 1993 and 1995, the Marine Corps Air Station (MCAS) Tustin was closed on July 2, 1999. The federal action of base realignment and closure will conclude with the disposal of surplus federal property resulting in an opportunity for the community to experience economic redevelopment and job creation at the former MCAS Tustin. Disposal of the federal property will establish City of Tustin jurisdictional responsibility for matters concerning and including enforcement of the California Building Codes. The City of Tustin has executed a lease with the Department of Navy for interim use of buildings and structures at the MCAS Tustin property pending transfer to the City of Tustin or other non-governmental parties (the "Lease"). Consequently, for the areas affected by the Lease, as it may be amended from time to time, the City of Tustin will assume jurisdictional responsibility for MCAS Tustin with regard to the enforcement of the California Building Codes. Civilian reuse at former military bases is problematic due to the fact that many existing buildings and structures were designed and constructed subject to federal building regulations and not the California Building Codes. Health and Safety Code Section 18941.9, provides that a local agency affected by a federal base closure or realignment, may adopt an ordinance that allows a building or other structure (except those occupied or to be occupied for residential use) located on a former military base to comply with uniform building codes, as locally amended, in a graduated manner over a period of no more than seven years in order to support rapid redevelopment and job creation while ensuring that a building or structure is not hazardous to life safety, fire safety, health or sanitation. At the MCAS Tustin, Health and Safety Code Section 18941.9 may only be applied to buildings and structures totaling approximately 100 acres and commonly known as Planning Areas .1,2,3,6,8,9,10,16 and 17 as identified in the MCAS Tustin Specific Plan/Reuse Plan and. not to a building or structure that will be used as a residence. Graduated Compliance Pla ~ Page 2 This Graduated ComPliance Plan provides requirements where the following pertains to -affected buildings and structures: 1. There is no change in occupancy or use with no anticipated alterations. 2. There is no change in occupancy or use with planned alterations. 3. There is change in occupancy or use with no anticipated alterations. 4. There is change in occupancy or use with planned alterations. Requests to defer compliance with the California Building Codes may be approved by the Building Official and Fire Marshall through the process established herein. II. APPLICATION The proposed tenant of the building or structure or their legally authorized representative shall submit a completed City application for occupancy and/or alteration to the Building Official. The application shall identify the existing building's prior (military) use, the intended (civilian) use, and proposed occupancy classification. As applicable, a building permit application shall identify proposed physical alterations, modifications or changes that are proposed. In addition, the applicant must identify the California Building Code(s) for which graduated compliance is being sought and the proposed period of time by which full compliance would be accomplished. No graduated compliance will be considered for a period that exceeds 7 years from the date of the Lease involving the building or structure unless authorized by State Law. III. INSPECTION Within a timely manner but not to exceed ten (10) working days after the receipt of a completed application(s), the Building Official and Fire Marshall shall inform the applicant of a date certain to inspect the subject building or structure. The purpose of the inspection will be to verify the information provided in the application and to note site conditions or other threats to the life safety, fire safety, health or sanitation of the occupants, or other concerns. For purposes of administering the inspection, the use and occupancy of buildings and other structures constructed under federal ownership at MCAS Tustin shall be considered legal at the time of adoption of the California Building Codes by the City of Tustin Upon completion of the requisite inspection, the Building Official and Fire Marshall will review and consider the application and the findings of the inspection. If the Building Official and Fire Marshall conclude that the request identified in the application and the subsequent inspection have revealed no threat to the life safety, fire safety, health or sanitation of the occupants or other concerns, the applicant will request a recommendation from the City Manager or designee. If the City Manager or designee has no reasonable basis for opposing the applicant's request, the application will be approved, or conditionally approved by the Building Official and Fire Marshall. Graduated compliance with the California Building Codes shall be identified as a Graduated Compliance 1 Page 3 condition of approval of any certificate of occupancy and shall' be considered as compliance with these Codes. The terms and period of time for any graduated compliance shall be specified in the certificate of occupancy. If the Building Official or Fire Marshall conclude that the application or the subsequent inspection have revealed conditions that could thereafter affect the life safety, fire safety, health or sanitation of persons using the building or structure, the Building Official and Fire Marshall's concerns will be communicated to the applicant in writing and the matter set for hearing before the City Manager or designee, pursuant to Section IV, below. IV. HEARING The purpose of the hearing is for the Building Official, Fire Marshall and applicant to identify and present to the City Manager or designee options, conditions or requirements that would mitigate the life safety, fire safety, health or sanitation concerns identified at the time of the inspection. At the conclusion of this hearing and after consultation with the City Manager or designee, the Building Official and Fire Marshall shall approve, approve with conditions, or deny the application with supporting findings. Graduated compliance in accordance with the Plan shall be identified as a condition of approval and shall be considered" as compliance with California Building Codes. The terms and period of time for any graduated compliance shall also be specified in the certificate of occupancy. V. APPEAL If an applicant contests the conclusions, requirements or conditions of a decision made under this Graduated Compliance Plan by the Building Official, Fire Marshall or City Manager or designee, a written appeal shall be filed with the Building Official, addressing the reasons for an appeal. Within ten (10) working days of submittal, the Building Official and Fire Marshall shall consider the reasons for appeal to determine whether new information has been brought forward that could result in the possible amendment of a previous approval, approval with conditions or denial. If the Building Official and Fire Marshall after consultation with the City Manager or designee determine that such grounds for appeal have been provided by the applicant, then reconsideration of the matter will be scheduled through the Hearing process stipulated in Section IV of this Plan. If the Building Official and Fire Marshall determine in writing that there are not sufficient grounds to support a reconsideration of the matter, the applicant may appeal to the City Council within the same time period and in the same manner as an appeal from a decision of the City's Planning Commission. The Tustin Municipal code provisions governing appeals for Planning commission decisions shall apply. DANA Gradcompplan1099.doc Exhibit 2 ¢ 'OFCOSTAM CAUFORNIA 92628-1200 P.O. BOX 1200 DEVELOPMENT SERVICES DEPARTMENT · . November 5, 1999 William Huston, City Manager City of Tustin 300 Centennial Way Tustin, Ca. 92780 Subject: GRADUATED COMPLIANCE PLAN FOR MCAS TUSTIN Dear Mr. Huston, I have reviewed the draft Graduated Compliance Plan prepared for MCAS Tustin. This plan is prepared based upon provisions contained in Health and Safety Code section 18941.9. Pursuant to subsection (g) of this code section, I have reviewed the plan as a person who is certified by ICBO as a Building Inspector and by CABO as a Building Official. I comply with the requirement that I am not an employee of the local agency. I find that the draft plan conforms to the requirements of Health and Safety Code section 18941.9. Please feel free to contact me if you require any further assistance. Sincerely, Rick A. Brown, CBO Building Official Building Divisio~ (714) 754-5273 77 FAIR DRIVE · Code Enforcement (714) 754-5623 FAX (714) 754-4856 · TDD (714) 754-5244 Planning Division (714) 754-5245 Exhibit 3 10 13 14 17 18 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING A GRADUATED COMPLIANCE PLAN FOR CERTAIN EXISTING BUILDINGS AND STRUCTURES AT MARINE CORPS AIR STATION (MCAS) TUSTIN. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: mo Pursuant to Health and Safety Code Section 18941.9, a local agency affected by a federal base closure or realignment may adopt an ordinance that allows a building or other structure located on a former military base to comply with the California Building Codes in a graduated manner over a period of no more than seven years in order to support rapid redevelopment and job creation while ensuring that a building or structure is not hazardous to life safety, fire safety, health or sanitation; Bo Section 18941.9 authorizes the City of Tustin to adopt the aforementioned ordinance only after it has adopted a plan that specifies the procedures and requirements for Tustin staff and Orange County Fire Marshall consideration and approval of requests for graduated compliance. Co Pursuant to Section 18941.9, Tustin staff has prepared a Graduated Compliance Plan that has been reviewed and approved by an independent licensed building inspector. Do The Community Development Department and Redevelopment Agency 'staffs have recommended that the Tustin City COuncil adopt the Graduated Compliance Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The Graduated Compliance Plan for Marine Corps Air Station Tustin attached hereto as Exhibit 1 (the "Plan"). is hereby adopted. SECTION 2. The City's building Official shall file a copy of the Plan with the California Building Standards Commission. 29 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 Resolution No. 99-100 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 15th day of November 1999. TRACY WILLS WORLEY, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 99-100 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of November 1999, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK DO:\ccresos\99-100.doc Exhibit .4 ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA. PERTAINING TO CERTAIN EXISTING BUILDINGS AND STRUCTURES AT MCAS, TUSTIN IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 18941.9. The City Council of the City of Tustin does ordain as follows: Section 1. Purpose. The purpose of this ordinance is to permit graduated compliance with building code regulations at the Marine Corp Air Station (MCAS), Tustin in accordance with Health and Safety Code Section 18941.9. Pursuant to that Section a local agency affected by a federal base closure or realignment may adopt an ordinance that allows a building or other structure located on a former military base to comply with uniform building codes, as locally amended, in a graduated manner over a period of no more than seven years in order to support rapid redevelopment and job creation while ensuring that a building or structure is not hazardous to life safety, fire safety, health or sanitation. Section 2. Findings 2.1 Based on reports, documents, and other information received by the City from the federal government, the City Council finds as follows: A. All buildings and structures constructed and maintained by,. or under the authority of the federal government within the boundaries of MCAS Tustin, were designed, constructed, and maintained in accordance with the regulations, standards, and guidelines established by the federal government for the particular use for which the building or structure was designed, constructed, and maintained ("Federal Buildings"). B. The use and occupancy of the Federal Buildings was legal under the regulations, standards, and guidelines established by the federal government for such use and occupancy until the Federal Buildings were placed under the jurisdiction of the City of Tustin Pursuant to lease(s). 2.2 The City has met the conditions set forth in Health and Safety Code Section 18941.9(f) and completed the following pre-conditions prior to adoption of this ordinance." A. The use of the buildings and structures at MCAS, Tustin are not hazardous to life safety, health, or sanitation as determined by the application of state and local building and fire codes by the City's Building Official and the Fire Marshall. B. The affected buildings or structures have been transferred through a lease. between the City and the federal government. C. The Tustin City Council has adopted a Graduated Compliance Plan that includes the requirements specified in Health and Safety Code Section 18941.9(3)(A)-(E). Ordinance 1203 Page 2 Section 3. This ordinance pertains to all buildings and structures at MCAS, Tustin located within approximately 100 acres in Planning Areas 1,2,3,6,8,9,10,16 and 17 as identified in the MCAS Tustin Specific Plan/Reuse plan except residences. Section 4. Additions, alterations or repairs to affected buildings and other structures that were originally constructed under federal government ownership at MCAS Tustin shall conform to the code standards that were in effect at the time of the addition, alteration or repair, subject to compliance with the adopted Graduated Compliance Plan For Affected Buildings and Structures at MCAS Tustin, on file with the City of Tustin Community Development Department (the "Graduated Compliance Plan"). Section 5. For purposes of administering the provisions of section 102.4 of the Uniform Building Code, the use and occupancy of affected buildings and other structures constructed under federal ownership at MCAS Tustin, shall be considered legal prior to adoption of this Ordinance. VVhere there is a change' in occupancy of any affected buildings and other structures originally constructed under federal ownership at MCAS Tustin, compliance with the City's adopted' building code standards may be authorized in a graduated manner over a period of no more than seven years from the date such building was leased from the federal government to the City, unless extended by state law. All such graduated code compliance shall be consistent with the Graduated Compliance Plan. The terms and period of time for graduated compliance for each building or structure under this ordinance shall be specified in the certificate of occupancy. Section 6. Nothing in this ordinance shall affect local, state, or federal laws as they relate to access to the disabled. Section 7. Five years after the beginning of the period for graduated compliance the City staff shall arrange for an engineer, architect, or building inspector to determine whether the buildings or other structures adhere to the Graduated Compliance Plan. The engineer or architect shall be licensed by the State of Califomia and the building inspector shall be certified by the International Conference of Building Officials or another similar recognized state, national, or international association. The engineer, architect, or building inspector shall not be an employee of the City of Tustin. If the engineer, architect, or building inspector determines that the building or other structure does not adhere to the Graduated Compliance Plan, the City of Tustin Building Official shall initiate appropriate proceedings to withdraw the certificate of occupancy for that building or structure. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, Ordinance 1203 Page 3 phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City'of Tustin, held on the day of December 1999. TRACY WILLS WORLEY Mayor. PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1203 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1203 was.duly adopted at a regular meeting of the Tustin City Council, held on the __ day of , 1999. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk DANA MCAST ord. 1203~6.doc