HomeMy WebLinkAboutORD 1203 (1999) 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.
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
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 California and the building inspector shall be
certified by the International Conference of Building Qf~cials 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 6th day of December, 1999.
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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 6thday of Dec
1999. '
COUNCILMEMBERAYES: W0RLEY, THOMAS, DOYLE, POTTS, SALTARELLI
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
PAMELA STOKER
City Clerk
DANA MCAST ord. 1203~6.doc