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Home My WebLink About19 COMP PLAN MCAS 12-06-99NO. 19 12-06-99 ,. DATE' TO: FROM: SUBJECT: DECEMBER 6, 1999 WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1203, GRADUATED COMPLIANCE PLAN MCAS TUSTIN SUMMARY: Proposed Ordinance No. 1203 will permit graduated compliance with State building code regulations at Marine Corp Air Station Tustin in accordance With Health and Safety Code Section 18941.9. RECOMMENDATION' Have second reading by title only and adoption of Ordinance No. 1203 (roll call vote). BACKGROUND: The following Ordinance No. 1203 had first reading by title only and introduction at the November 15, 1999 City Council meeting: 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 Valerie Crabill Chief Deputy City Clerk I:MEMOORD 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 2o 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. Where 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 govemment 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 California 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. 12034~6.doc